MOTION NO. 700/08 JOSEPH FOLEY, INDIVIDUALLY AND AS PRESIDENT OF BUFFALO PROFESSIONAL FIREFIGHTERS ASSOCIATION, INC.
Motion No: CA 07-02505
Slip Opinion No: 2008 NYSlipOp 86350(U)
Decided on October 3, 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.


October 3, 2008

PRESENT: SCUDDER P.J., MARTOCHE, SMITH, LUNN, AND PERADOTTO, JJ.

DOCKET NO. CA 07-02505

MOTION NO. 700/08

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, FIREMEN'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.


Plaintiff having moved for reargument of or, in the alternative, leave to appeal to the Court of Appeals from the order of this Court entered June 6, 2008,

Now, upon reading and filing the affirmation of Gregory A. Mattacola dated July 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, denied.

Entered: October 3, 2008

JoAnn M. Wahl, Clerk