EUGENE MARGERUM, ANTHONY HYNES, JOSEPH FAHEY, TIMOTHY HAZELET, PETER KERTZIE, PETER LOTOCKI, SCOTT SKINNER, THOMAS
Motion No: CA 07-02219
Slip Opinion No: 2008 NYSlipOp 81363(U)
Decided on August 21, 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.


August 21, 2008

PRESENT: SCUDDER, P.J., HURLBUTT, MARTOCHE, PERADOTTO, AND PINE, 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.


Appellant having moved for an extension of time to perfect the appeal taken from an order of the Supreme Court entered in the Office of the Clerk of the County of Erie on September 10, 2007,

Now, upon reading and filing the affirmation of Joshua Feinstein dated July 11, 2008, the notice of motion with proof of service thereof, the opposing affirmation of Andrew P. Fleming dated July 18, 2008, 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 ordering paragraph of the order of this Court entered January 15, 2008 is hereby amended by deleting the date August 1, 2008 and inserting in its place the date December 1, 2008.

Memorandum: No further extensions will be granted.

Entered: August 21, 2008

JoAnn M. Wahl, Clerk