VILLAGE OF ILION v. COUNTY OF HERKIMER

SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department 1443 CA 12-00086 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. 1.)

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 June 17, 2011. The order granted in part the motion of defendant County of Herkimer, individually and as administrator of Herkimer County Self-Insurance Plan, for a declaratory judgment and an order of preclusion.

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