| IN THE MATTER OF CIVIL SERVICE EMPLOYEES ASSOCIATION, INC., LOCAL 1000, AFSCME, AFL-CIO, ERIE UNIT OF LOCAL 815, JOAN |
| Motion No: CA 08-02276 |
| Slip Opinion No: 2008 NYSlipOp 89511(U) |
| Decided on November 18, 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. |
PRESENT: SCUDDER, P. J., HURLBUTT, MARTOCHE, SMITH, AND CENTRA, JJ.
DOCKET NO. CA 08-02276
| IN THE MATTER OF CIVIL SERVICE EMPLOYEES ASSOCIATION, INC., LOCAL
1000, AFSCME, AFL-CIO, ERIE UNIT OF LOCAL 815, JOAN A. BENDER, AND THE CLASS OF ALL SIMILARLY SITUATED AND AFFECTED MEMBERS OF CIVIL
SERVICE EMPLOYEES ASSOCIATION, INC., LOCAL 1000, AFSCME, AFL-CIO, ERIE UNIT OF LOCAL 815, PETITIONERS-RESPONDENTS, V THE
COUNTY OF ERIE, JOEL GIAMBRA, COUNTY EXECUTIVE, RESPONDENTS-APPELLANTS, ET AL., RESPONDENTS. |
Appellants having moved to vacate the dismissal of the appeal taken herein from an order of the Supreme Court entered in the Office of the Clerk of the County of Erie on January 24, 2008,
Now, upon reading and filing the affirmation of Kristin Klein Wheaton dated November 5, 2008, the notice of motion with proof of service thereof, the opposing affidavit of Diane M. Roberts sworn to November 14, 2008, and due deliberation having been had thereon,
It is hereby ORDERED that the motion be, and the same hereby is, granted, on the condition that appellants perfect the appeal on or before November 26, 2008.
Entered: November 18, 2008
JoAnn M. Wahl, Clerk