EUGENE MARGERUM, ANTHONY HYNES, JOSEPH FAHEY, TIMOTHY HAZELET, PETER KERTZIE, PETER LOTOCKI, SCOTT SKINNER, THOMAS
Motion No: CA 07-02219
Slip Opinion No: 2009 NYSlipOp 68383(U)
Decided on April 1, 2009
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.


April 1, 2009

PRESENT: HURLBUTT, J.P., MARTOCHE, CENTRA, PINE, AND GORSKI, JJ.

DOCKET NO. CA 07-02219

EUGENE MARGERUM, ANTHONY HYNES, JOSEPH FAHEY, TIMOTHY

HAZELET, PETER KERTZIE, PETER LOTOCKI, SCOTT SKINNER,

THOMAS REDDINGTON, TIMOTHY CASSEL, MATTHEW S. OSINSKI,

MARK ABAD, BRAD ARNONE, AND DAVID DENZ,

PLAINTIFFS-RESPONDENTS,

V

CITY OF BUFFALO, CITY OF BUFFALO DEPARTMENT OF FIRE, AND

LEONARD MATARESE, INDIVIDUALLY AND AS COMMISSIONER OF HUMAN

RESOURCES FOR THE CITY OF BUFFALO, DEFENDANTS-APPELLANTS.


Appellants having moved to have this Court take judicial notice of decisions of the New York State Public Employment Relations Board and the United States District Court for the Western District of New York, on the appeal taken herein from an order of the Supreme Court entered in the Office of the Clerk of the County of Erie on September 10, 2007,

Now, upon reading and filing the affirmations of Joshua Feinstein dated March 5, 2009 and March 13, 2009, the notices of motion with proof of service thereof, the opposing affirmation of Christen Archer Pierrot dated March 20, 2009, and due deliberation having been had thereon,

It is hereby ORDERED that the motions be, and the same hereby are granted and the Court will take judicial notice of the decisions.

Entered: April 1, 2009

JoAnn M. Wahl, Clerk