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

MOTION NO. 651-09
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 CITY OF BUFFALO, DEFENDANTS-APPELLANTS.

Defendants having moved to renew their motion to dismiss the complaint or, in the alternative, for leave to appeal to the Court of Appeals from the order of this Court entered June 5, 2009, and plaintiffs having cross-moved to renew their motion for partial summary judgment on liability or, in the alternative, for leave to appeal to the Court of Appeals from the order of this Court entered June 5, 2009,

Now, upon reading and filing the affirmation of Joshua Feinstein dated August 14, 2009, the notice of motion with proof of service thereof, the opposing affirmation of Andrew P. Fleming dated August 26, 2009, the notice of cross motion with proof of service thereof, and due deliberation having been had thereon,

It is hereby ORDERED that, to the extent that they seek renewal, the motion and cross motion be, and the same hereby are, denied without prejudice to motions for the same or similar relief at Supreme Court, and

It is further ORDERED that, to the extent that they seek leave to appeal to the Court of Appeals, the motion and cross motion be, and the same hereby are, denied.

Entered: October 2, 2009

Patricia L. Morgan, Clerk