| MATTER OF THE APPLICATION OF BOARD OF EDUCATION OF THE CITY SCHOOL DISTRICT OF THE CITY OF BUFFALO FOR A JUDGMENT |
| Motion No: CA 07-01764 |
| Slip Opinion No: 2007 NYSlipOp 81914(U) |
| Decided on October 18, 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. |
PRESENT: SCUDDER, P.J., HURLBUTT, GORSKI, MARTOCHE, AND SMITH, JJ.
DOCKET NO. CA 07-01764
| MATTER OF THE APPLICATION OF BOARD OF EDUCATION OF THE CITY SCHOOL DISTRICT OF THE CITY OF BUFFALO, PETITIONER-APPELLANT, FOR A JUDGMENT STAYING THE ARBITRATION COMMENCED BY THE PROFESSIONAL, CLERICAL AND TECHNICAL EMPLOYEES ASSOCIATION, RESPONDENT-RESPONDENT. |
Respondent having moved to dismiss the appeal taken from an order of the Supreme Court entered in the Office of the Clerk of the County of Erie on March 2, 2007, on the ground that appellant has failed to perfect timely the appeal, and for other relief,
Now, upon reading and filing the affirmation of Paul D. Weiss dated August 22, 2007, the notice of motion with proof of service thereof, the opposing affidavit of Denise M. Malican sworn to September 20, 2007, the reply affidavit of Paul D. Weiss sworn to September 28, 2007, and due deliberation having been had thereon,
It is hereby ORDERED that the motion be, and the same hereby is, granted to the extent that the appeal is dismissed and the automatic stay pursuant to CPLR 5519 (a) is hereby vacated without further order unless the appeal is perfected on or before November 30, 2007.
Entered: October 18, 2007
JoAnn M. Wahl, Clerk