Opinion
Motion No: CA 12-00086 DOCKET NO. CA 12-00087 DOCKET NO. CA 12-00088
02-03-2012
VILLAGE OF ILION, VILLAGE OF HERKIMER, AND TOWN OF FRANKFORT, AS MUNICIPAL CORPORATIONS AND ON BEHALF OF THEIR CONSTITUENT TAXPAYERS, PLAINTIFFS-APPELLANTS, v. COUNTY OF HERKIMER, INDIVIDUALLY AND AS ADMINISTRATOR OF THE HERKIMER COUNTY SELF-INSURANCE PLAN, DEFENDANTS-RESPONDENTS, ET AL., DEFENDANTS. (APPEAL NO. 1.) VILLAGE OF ILION, VILLAGE OF HERKIMER, AND TOWN OF FRANKFORT, AS MUNICIPAL CORPORATIONS AND ON BEHALF OF THEIR CONSTITUENT TAXPAYERS, PLAINTIFFS-APPELLANTS, v. COUNTY OF HERKIMER, INDIVIDUALLY AND AS ADMINISTRATOR OF THE HERKIMER COUNTY SELF-INSURANCE PLAN, ET AL., DEFENDANTS-RESPONDENTS, ET AL., DEFENDANTS. (APPEAL NO. 2.) VILLAGE OF ILION, VILLAGE OF HERKIMER, AND TOWN OF FRANKFORT, AS MUNICIPAL CORPORATIONS AND ON BEHALF OF THEIR CONSTITUENT TAXPAYERS, PLAINTIFFS-APPELLANTS, v. COUNTY OF HERKIMER, INDIVIDUALLY AND AS ADMINISTRATOR OF THE HERKIMER COUNTY SELF-INSURANCE PLAN, ET AL., DEFENDANTS-RESPONDENTS, ET AL., DEFENDANTS. (APPEAL NO. 3.)
PRESENT: , P. J., SMITH, CENTRA, FAHEY, AND PERADOTTO, JJ.
Respondent the County of Herkimer having moved to dismiss the appeals of the Village of Herkimer taken herein from orders and a judgment of the Supreme Court entered in the Office of the Clerk of the County of Oneida on June 17, 2011 (appeal No. 1), and September 21, 2011 (appeal Nos. 2 and 3), on the ground that the Village of Herkimer has failed to perfect timely its appeals,
Now, upon reading and filing the affidavit of Albert J. Millus, Jr., Esq., sworn to January 11, 2012, the notice of motion with proof of service thereof, and the affirmation of Martha L. Berry, Esq., dated January 26, 2012, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is granted and the appeals are dismissed without further order unless the appeals are perfected on or before April 2, 2012.
Frances E. Cafarell, Clerk