Opinion
DOCKET NO. CA 12-01032
07-05-2012
IN THE MATTER OF THE VILLAGE OF ILION, PETITIONER-RESPONDENT, v. LARRY PLAC, RESPONDENT-APPELLANT.
PRESENT: , P. J., SMITH, CENTRA, FAHEY, AND PERADOTTO, JJ.
Appellant having moved for an order to compel Supreme Court to issue an order deciding a motion to reargue and having moved for other relief on the appeal taken herein from an order of the Supreme Court entered in the Office of the Clerk of the County of Herkimer on September 16, 2009,
Now, upon reading and filing the statement of Larry Plac received May 7, 2012, the notice of motion with proof of service thereof, and the affidavit of Nathan D. VanWhy, Esq., sworn to May 18, 2012, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is dismissed.
Memorandum: Appellant's appeal from the order entered September 16, 2009, was dismissed for failure to perfect within nine months of service of the notice of appeal (see 22 NYCRR 1000.12 [b]). In addition, appellant has not commenced a CPLR article 78 proceeding seeking mandamus in this Court.
Frances E. Cafarell, Clerk