MATTER OF ANTHONY HYNES V CITY OF BUFFALO AND LEONARD MATARESE, AS COMMISSIONER OF HUMAN RESOURCES FOR CITY OF

MATTER OF ANTHONY HYNES V CITY OF BUFFALO AND LEONARD MATARESE, AS COMMISSIONER OF HUMAN RESOURCES FOR CITY OF

Motion No: NOS. CA 07-00292 AND CA 07-02046

Slip Opinion No: 2007 NYSlipOp 80407(U)

Decided on October 9, 2007

Appellate Division, Fourth Department, Motion Decision

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This motion is uncorrected and is not subject to publication in the Official Reports.

October 9, 2007

PRESENT: SCUDDER, P.J., HURLBUTT, GORSKI, MARTOCHE, AND SMITH, JJ.

DOCKET NOS. CA 07-00292 AND CA 07-02046

MATTER OF ANTHONY HYNES, ET AL.,
PETITIONERS-RESPONDENTS-APPELLANTS,
V
CITY OF BUFFALO AND LEONARD MATARESE, AS COMMISSIONER OF
HUMAN RESOURCES FOR CITY OF BUFFALO,
RESPONDENTS-APPELLANTS-RESPONDENTS.

MATTER OF ANTHONY HYNES, JOHN MOGAVERO, JOSEPH FAHEY, TIMOTHY HAZELET, PETER LOTOCKI, JR., SCOTT SKINNER, THOMAS J. REDDINGTON, TIMOTHY R. CASSEL, EUGENE J. MARGERUM, MATTHEW S. OSINSKI, MARK A. ABAD, BRAD J. ARNONE, DAVID T. DENZ AND BUFFALO PROFESSIONAL FIREFIGHTERS ASSOCIATION, INC., LOCAL NO. 282, IAFF, AFL-CIO ON BEHALF OF ALL SITUATED BUFFALO FIREFIGHTERS BUFFALO FIREFIGHTERS, PETITIONERS-RESPONDENTS,
V
CITY OF BUFFALO, RESPONDENT-APPELLANT.
———————————————————
MATTER OF JOSEPH FAHEY AND BUFFALO PROFESSIONAL FIREFIGHTERS ASSOCIATION., INC., LOCAL 282, IAFF, AFL-CIO, BEHALF OF ALL SIMILARLY BUFFALO FIREFIGHTERS, PETITIONERS-RESPONDENTS,
V
CITY OF BUFFALO AND LEONARD MATARESE, COMMISSIONER OF HUMAN RESOURCES FOR THE CITY OF BUFFALO, RESPONDENTS-APPELLANTS.

Appellants having moved to consolidate the appeals taken from orders of the Supreme Court entered in the Office of the Clerk of the County of Erie on December 20, 2006 and

August 7, 2007, and for an extension of time to perfect the appeals,

Now, upon reading and filing the affirmation of Joshua Feinstein dated October 3, 2007, the notice of motion with proof of service thereof, and due deliberation having been had thereon,

DOCKET NOS. CA 07-00292 AND CA 07-02046PAGE 2

PRESENT: SCUDDER, P.J., HURLBUTT, GORSKI, MARTOCHE, AND SMITH, JJ.

It is hereby ORDERED that the motion be, and the same hereby is, granted, the appeals from the orders entered December 20, 2006 and August 7, 2007 are hereby consolidated for the purposes of perfecting and arguing the appeals, appellants shall perfect the appeals on or before November 9, 2007 and in the event of failure to so perfect, the appeals are hereby dismissed without further order.

Entered: October 9, 2007

JoAnn M. Wahl, Clerk