MOTION NO. 432.2/08 ROBERT PHILLIPS, DAVID ROSE, NEIL CZERNIAK, DOUGLAS BEDKER, ANGELA CARPENTER, PATRICIA CHAPMAN
Motion No: CA 08-00058
Slip Opinion No: 2008 NYSlipOp 75161(U)
Decided on June 6, 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.


June 6, 2008

PRESENT: HURLBUTT, J.P., MARTOCHE, CENTRA, GREEN, AND GORSKI, JJ.

DOCKET NO. CA 08-00058

MOTION NO. 432.2/08

ROBERT PHILLIPS, DAVID ROSE, NEIL CZERNIAK,

DOUGLAS BEDKER, ANGELA CARPENTER, PATRICIA

CHAPMAN, BONNIE WATSON, CHARILLA SANDSTROM

CONNER, KAREN ARTHMANN, AND BEVERLY FISHER,

PLAINTIFFS-PETITIONERS-APPELLANTS,

V

COUNTY OF MONROE, MONROE COUNTY LEGISLATURE OF

THE COUNTY OF MONROE, WAYNE E. ZYRA, AS

PRESIDENT OF THE MONROE COUNTY LEGISLATURE, AND

MAGGIE BROOKS, IN HER CAPACITY AS THE

COUNTY EXECUTIVE OF THE COUNTY OF MONROE,

DEFENDANTS-RESPONDENTS-RESPONDENTS,

AND THE STATE OF NEW YORK (DEPARTMENT OF TAXATION

AND FINANCE AND DEPARTMENT OF HEALTH), RESPONDENT.


Defendants-respondents having moved for leave to appeal to the Court of Appeals from the order of this Court entered March 21, 2008,

Now, upon reading and filing the affirmation of Sean T. Hanna dated April 21, 2008, the notice of motion with proof of service thereof, the opposing affirmation of Robert T. Reilly dated April 29, 2008, and due deliberation having been had thereon,

It is hereby ORDERED that the motion be, and the same hereby is, denied.

Entered: June 6, 2008

JoAnn M. Wahl, Clerk