| IN THE MATTER OF JOSEPH J. JULICHER V TOWN OF TONAWANDA, TOWN OF TONAWANDA POLICE DEPARTMENT, AND LAWRENCE A. HOFFMAN |
| Motion No: CA 08-02449 |
| Slip Opinion No: 2008 NYSlipOp 92877(U) |
| Decided on December 23, 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 08-02449
| IN THE MATTER OF JOSEPH J. JULICHER, PETITIONER-RESPONDENT, V
TOWN OF TONAWANDA, TOWN OF TONAWANDA POLICE DEPARTMENT, AND LAWRENCE A. HOFFMAN, III, INDIVIDUALLY AND IN HIS CAPACITY AS ACTING CHIEF
OF POLICE, RESPONDENTS-APPELLANTS. |
Respondent having moved 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 September 10, 2008, pending the hearing and determination of the appeal taken herein, and for other relief,
Now, upon reading and filing the affirmation of Christen Archer Pierrot dated November 19, 2008, the affidavit of Joseph Julicher sworn to November 19, 2008, the notice of motion with proof of service thereof, the opposing affirmation of Tracie L. Covey dated December 19, 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 the automatic stay of all proceedings to enforce the order entered September 10, 2008 is hereby vacated effective January 22, 2009 unless the appeal is perfected on or before January 21, 2009, in which event the appeal is to be added to the calendar for the term of this Court commencing March 30, 2009.
Entered: December 23, 2008
JoAnn M. Wahl, Clerk