Opinion
Motion No: CA 12-02254
12-19-2012
IN THE MATTER OF COUNTY OF HERKIMER, PETITIONER-RESPONDENT, v. VILLAGE OF HERKIMER, RESPONDENT-APPELLANT.
PRESENT: , P. J., SMITH, CENTRA, FAHEY, AND PERADOTTO, JJ.
Petitioner having moved to dismiss the appeal taken herein from an order and judgment of the Supreme Court entered in the Office of the Clerk of the County of Herkimer on August 23, 2012, on the ground that appellant has failed to perfect timely the appeal,
Now, upon reading and filing the affidavit of Lorraine H. Lewandrowski, Esq., sworn to December 5, 2012, the affidavit of Bernard E. Decker sworn to December 5, 2012, the notice of motion with proof of service thereof, and the affirmation of Martha L. Berry, Esq, dated December 11, 2012, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is granted and the appeal is dismissed without further order unless the appeal is perfected on or before February 19, 2013.
Frances E. Cafarell, Clerk