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

DOCKET NO. CAE 08-02149

IN THE MATTER OF DENNIS MAVROMATIS, PETITIONER-RESPONDENT, V TOWN OF WEST SENECA, RESPONDENT-APPELLANT, PATRICIA DEPASQUALE, TOWN CLERK OF TOWN OF SENECA, DANIEL T. WARREN, PURPORTED OBJECTOR, RESPONDENTS, AND RALPH M. MOHR AND DENNIS E. WARD, COMMISSIONERS, CONSTITUTING ERIE COUNTY BOARD OF ELECTIONS, RESPONDENTS-APPELLANTS.

Appellant having moved, upon the return of an order to show cause granted by the Honorable Erin M. Peradotto on October 17, 2008, to vacate the automatic stay of all proceedings to enforce an order of the Supreme Court entered in the Office of the Clerk of the County of Erie on October 8, 2008, pending the hearing and determination of the appeal taken herein by the Town of West Seneca,

Now, upon reading and filing the affidavit of Dennis Mavromatis sworn to October 16, 2008, said show cause order with proof of service thereof, the opposing affidavit of Daniel T. Warren sworn to October 20, 2008, the opposing affidavit of Kristin Klein Wheaton sworn to October 17, 2008, the opposing affirmation of Timothy J. Greenan dated October 20, 2008, and due deliberation having been had thereon,

It is hereby ORDERED that the motion be, and the same hereby is granted, and the automatic stay of all proceedings to enforce the order entered October 8, 2008 is hereby vacated pending the hearing and determination of the appeal taken herein by the Town of West Seneca.

Entered: October 21, 2008

JoAnn M. Wahl, Clerk