HERKIMER COUNTY INDUSTRIAL DEVELOPMENT AGENCY V VILLAGE OF HERKIMER, - . (ACTION NO. 1.)
Motion No: 168-19
Slip Opinion No: 2019 NY Slip Op 84110(U)
Decided on November 8, 2019
Appellate Division, Fourth Department, Motion Decision
Published by New York State Law Reporting Bureau pursuant to Judiciary Law ยง 431.
This motion is uncorrected and is not subject to publication in the Official Reports.


November 8, 2019

PRESENT: WHALEN, P.J., PERADOTTO, LINDLEY, DEJOSEPH, AND NEMOYER, JJ.

MOTION NO. 168-19
CA 18-01072

HERKIMER COUNTY INDUSTRIAL DEVELOPMENT AGENCY,

PLAINTIFF-APPELLANT,

V

VILLAGE OF HERKIMER, DEFENDANT-RESPONDENT,

ET AL., DEFENDANT.

(ACTION NO. 1.)



IN THE MATTER OF HERKIMER COUNTY INDUSTRIAL

DEVELOPMENT AGENCY, PETITIONER-RESPONDENT,

V

VILLAGE OF HERKIMER AND JOHN SPANFELNER, AS

CODES OFFICER FOR VILLAGE OF HERKIMER,

RESPONDENTS-APPELLANTS.

(ACTION NO. 2.)


Appellant Herkimer County Industrial Development Agency having moved for reargument of or, in the alternative, leave to appeal to the Court of Appeals from the order of this Court entered August 22, 2019,

Now, upon reading and filing the papers with respect to the motion, and due deliberation having been had thereon,

It is hereby ORDERED that the motion is denied insofar as it seeks reargument, and

It is further ORDERED that the motion is granted insofar as it seeks leave to appeal to the Court of Appeals, this Court being of the opinion that a question of law has arisen that ought to be reviewed by the Court of Appeals, and the following question is hereby certified: "Was the Order of this Court entered August 22, 2019, with respect to action No. 1 properly made?"

Entered: November 8, 2019

Mark W. Bennett

Clerk of the Court