Appellate Division of the Supreme Court of the State of New York May 6, 2011, Appeal No. 1 (Herkimer County Industrial Development Agency v. Village of Herkimer)

Appeals from a judgment (denominated order) of the Supreme Court, Herkimer County (Michael E. Daley, J.), entered June 17, 2009. The judgment denied the motion of defendant County of Herkimer for summary judgment and granted the motion of defendant Village of Herkimer for summary judgment.