JOSEPH FOLEY, INDIVIDUALLY AND AS PRESIDENT OF BUFFALO PROFESSIONAL FIREFIGHTERS ASSOCIATION, INC., LOCAL 282, IAFF
Motion No: CA 07-02505
Slip Opinion No: 2008 NYSlipOp 61812(U)
Decided on January 23, 2008
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.


January 23, 2008

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

DOCKET NO. CA 07-02505

JOSEPH FOLEY, INDIVIDUALLY AND AS PRESIDENT OF BUFFALO

PROFESSIONAL FIREFIGHTERS ASSOCIATION, INC., LOCAL 282,

IAFF, AFL-CIO-CLC, AND ON BEHALF OF ALL OTHER INDIVIDUALS

PROVIDING FIRE PROTECTION TO CITY OF BUFFALO,

PLAINTIFFS-RESPONDENTS-APPELLANTS,

V

ANTHONY MASIELLO, MAYOR, CITY OF BUFFALO,

CITY OF BUFFALO, FIREMAN'S PENSION FUND,

BOARD OF FIREMEN'S PENSIONS, ANDREW A. SANFILIPPO,

COMPTROLLER, CITY OF BUFFALO, DAVID FRANCZYK, PRESIDENT,

COMMON COUNCIL OF CITY OF BUFFALO AND

JAMES B. MILROY, COMMISSIONER OF TREASURY, CITY OF BUFFALO,

DEFENDANTS-APPELLANTS-RESPONDENTS.


Appellants-respondents having moved for an extension of time to file and serve a reply brief on the appeal taken from an order of the Supreme Court entered in the Office of the Clerk of the County of Erie on February 6, 2007,

Now, upon reading and filing the affirmation of Joshua Feinstein dated January 8, 2008, the notice of motion with proof of service thereof, and due deliberation having been had thereon,

It is hereby ORDERED that the motion be, and the same hereby is, granted on condition that the brief is filed and served on or before January 29, 2008, and the Clerk is directed to accept the brief for filing, and

It is further ORDERED that surreply briefs, if any, shall be filed and served on or before February 13, 2008.

Entered: January 23, 2008

JoAnn M. Wahl, Clerk