VILLAGE OF ILION v. COUNTY OF HERKIMER

SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department 1444 CA 12-00087 PRESENT: CENTRA, J.P., PERADOTTO, LINDLEY, WHALEN, AND MARTOCHE, JJ.

VILLAGE OF ILION, ET AL., PLAINTIFFS, AND VILLAGE OF HERKIMER, PLAINTIFF-APPELLANT, V MEMORANDUM AND ORDER COUNTY OF HERKIMER, INDIVIDUALLY AND AS ADMINISTRATOR OF HERKIMER COUNTY SELF-INSURANCE PLAN, DEFENDANT-RESPONDENT, ET AL., DEFENDANTS. (APPEAL NO. 2.)

LONGSTREET & BERRY, LLP, SYRACUSE (MARTHA L. BERRY OF COUNSEL), FOR PLAINTIFF-APPELLANT.

HINMAN, HOWARD & KATTELL, LLP, BINGHAMTON (ALBERT J. MILLUS, JR., OF COUNSEL), FOR DEFENDANT-RESPONDENT.

Appeal from an order of the Supreme Court, Oneida County (Anthony J. Paris, J.), entered September 21, 2011. The order, inter alia, granted the motion of defendant County of Herkimer, individually and as administrator of Herkimer County Self-Insurance Plan, for prejudgment interest on damages.

It is hereby ORDERED that said appeal is unanimously dismissed without costs.

Same Memorandum as in Village of Ilion v County of Herkimer ([appeal No. 3] ___ AD3d ___ [Feb. 1, 2013]).

Entered: February 1, 2013 Frances E. Cafarell Clerk of the Court