| VILLAGE OF HERKIMER V CECILA FAGAN POLIDORI, ALSO KNOWN AS CECILIA M. FAGAN, AND SHAWN R. GILBERT VILLAGE OF HERKIMER V |
| Motion No: CA 25-01230 |
| Slip Opinion No: 2026 NY Slip Op 61301(U) |
| Decided on January 21, 2026 |
| Appellate Division, Fourth Department, Motion Decision |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This motion is uncorrected and is not subject to publication in the Official Reports. |
PRESENT: WHALEN, P.J., LINDLEY, CURRAN, BANNISTER, AND MONTOUR, JJ.
CA 25-01230
CA 25-01231
| VILLAGE OF HERKIMER, PLAINTIFF-APPELLANT, V CECILA FAGAN
POLIDORI, ALSO KNOWN AS CECILIA M. FAGAN, AND SHAWN R. GILBERT, DEFENDANTS-RESPONDENTS. VILLAGE OF HERKIMER,
PLAINTIFF-APPELLANT, V CHARLES CELI, CECILA FAGAN POLIDORI, ALSO KNOWN AS CECILIA M. FAGAN, AND SHAWN R. GILBERT,
DEFENDANTS-RESPONDENTS. |
Appellant having moved for an order of this Court taking judicial notice of the RP 5217 Transfer Report filed with the June 9, 2022 deed, on the appeals taken herein from orders of the Supreme Court, Herkimer County, entered July 7, 2025 and July 8, 2025, and for other relief,
Now, upon reading and filing the papers with respect to the motions, and due deliberation having been had thereon,
It is hereby ORDERED that the motions insofar as they seek judicial notice or to expand the record on appeal are denied without prejudice to a motion seeking to settle the record in Supreme Court and, any appeal from the order deciding such a motion, if necessary (see Matter of Stewart v Soda, 239 AD2d 966, 966 [4th Dept 1997]; 22 NYCRR 1250.7 [g]; 1000.7 [b]; see also Meyer v Doyle Chevrolet, 234 AD2d 1016, 1016 [4th Dept 1996]), and
It is further ORDERED that the motions insofar as they seek to consolidate the appeals is granted, and the appeals are hereby consolidated for the purposes of perfecting and arguing the appeals.
Entered: January 21, 2026
Ann Dillon Flynn
Clerk of the Court