MOTION NO. 642/08 IN THE MATTER OF ANTHONY HYNES, JOHN MOGAVERO, JOSEPH FAHEY, TIMOTHY HAZELET, PETER LOTOCKI, JR.
Motion No: CA 07-00292
Slip Opinion No: 2008 NYSlipOp 86356(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: HURLBUTT, J.P., MARTOCHE, PERADOTTO, PINE, AND GORSKI, JJ.

DOCKET NO. CA 07-00292

MOTION NO. 642/08

IN THE MATTER OF ANTHONY HYNES, JOHN MOGAVERO, JOSEPH

FAHEY, TIMOTHY HAZELET, PETER LOTOCKI, JR., SCOTT SKINNER,

THOMAS J. REDDINGTON, TIMOTHY R. CASSEL, EUGENE J.

MARGERUM, MATTHEW S. OSINSKI, MARK A. ABAD, BRAD J. ARNONE,

DAVID T. DENZ AND BUFFALO PROFESSIONAL FIREFIGHTERS

ASSOCIATION, INC., LOCAL 282, IAFF, AFL-CIO, ON BEHALF OF

ALL SIMILARLY SITUATED BUFFALO FIREFIGHTERS,

PETITIONERS-RESPONDENTS-APPELLANTS,

V

CITY OF BUFFALO AND LEONARD MATARESE, COMMISSIONER, HUMAN

RESOURCES, CITY OF BUFFALO,

RESPONDENTS-APPELLANTS-RESPONDENTS.

(PROCEEDING NO. 1.)



IN THE MATTER OF JOSEPH FAHEY AND BUFFALO PROFESSIONAL

FIREFIGHTERS ASSOCIATION, INC., LOCAL NO. 282, IAFF,

AFL-CIO ON BEHALF OF ALL SIMILARLY SITUATED BUFFALO

FIREFIGHTERS, PETITIONERS-RESPONDENTS,

V

CITY OF BUFFALO AND LEONARD MATARESE, COMMISSIONER, HUMAN

RESOURCES, CITY OF BUFFALO, RESPONDENTS-APPELLANTS.

(PROCEEDING NO. 2.)

(APPEAL NO. 1.)


Petitioners 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 Aaron E. Kaplan dated July 10, 2008, the notice of motion with proof of service thereof, the opposing affirmation of Kathleen Sellers dated July 24, 2008, 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