PRESENT: HURLBUTT, J.P., MARTOCHE, SMITH, CENTRA, AND PERADOTTO, JJ.

DOCKET NO. CA 08-02145

IN THE MATTER OF ELLEN REESE, MAXIMILLIAN G. TRESMOND, DAVID A. COLLINS, AND MICHAEL T. QUIGLEY, PETITIONERS-RESPONDENTS, V RICHARD F. DAINES, AS THE COMMISSIONER OF HEALTH OF THE STATE OF NEW YORK, RESPONDENT, THE BOARD OF TRUSTEES OF THE "UNIFIED GOVERNANCE STRUCTURE" JOINING ERIE COUNTY MEDICAL CENTER AND KALEIDA HEALTH SYSTEMS, AND WESTERN NEW YORK HEALTH SYSTEM, INC., RESPONDENTS-APPELLANTS.

Appellants having moved, upon the return of an order to show cause granted by the Honorable Erin M. Peradotto on October 10, 2008, for a 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 September 15, 2008, pending the hearing and determination of the appeal taken herein,

Now, upon reading and filing the affirmation of Leonard M. Rosenberg dated October 9, 2008, the affidavit of Robert Gioia sworn to October 9, 2008, said show cause order with proof of service thereof, the opposing affirmation of Peter A. Reese dated October 16, 2008, the reply affirmation of Leonard M. Rosenberg dated October 17, 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 all proceedings to enforce the order entered September 15, 2008 with respect to Kaleida Health Systems are hereby stayed pending the hearing and determination of the appeal taken herein, on the condition that appellants perfect the appeal on or before November 21, 2008.

Entered: October 21, 2008

JoAnn M. Wahl, Clerk