| EUGENE MARGERUM, ANTHONY HYNES, JOSEPH FAHEY, TIMOTHY HAZELET, PETER KERTZIE, PETER LOTOCKI, SCOTT SKINNER, THOMAS |
| Motion No: CA 07-02219 |
| Slip Opinion No: 2007 NYSlipOp 84717(U) |
| Decided on November 28, 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 07-02219
| EUGENE MARGERUM, ANTHONY HYNES, JOSEPH FAHEY, TIMOTHY HAZELET,
PETER KERTZIE, PETER LOTOCKI, SCOTT SKINNER, THOMAS REDDINGTON, TIMOTHY CASSEL, MATTHEW S. OSINSKI, MARK ABAD, BRAD ARNONE, AND
DAVID DENZ, PLAINTIFFS-RESPONDENTS, V CITY OF BUFFALO, CITY OF BUFFALO DEPARTMENT OF FIRE, AND LEONARD MATARESE,
INDIVIDUALLY AND AS COMMISSIONER OF HUMAN RESOURCES FOR THE CITY OF BUFFALO,
DEFENDANTS-APPELLANTS. |
Respondents having moved for preliminary injunctive relief pending the hearing and determination of the appeal taken herein from an order of the Supreme Court entered in the Office of the Clerk of the County of Erie on September 10, 2007, and to expedite oral argument of the appeal,
Now, upon reading and filing the affirmation of Andrew P. Fleming dated
October 19, 2007, the affidavit of Eugene Margerum sworn to October 19, 2007, the notice of motion with proof of service thereof, the opposing affidavit of Michael Lombardo sworn to October 31, 2007, the opposing affirmation of Joshua Feinstein dated November 2, 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 without further order unless the appeal is perfected on or before January 28, 2008, and the motion is otherwise denied.
Entered: November 28, 2007
JoAnn M. Wahl, Clerk