PRESENT: SCUDDER, P.J., HURLBUTT, CENTRA, AND PERADOTTO, JJ.

DOCKET NO. CA 09-01345

IN THE MATTER OF SORRENTO LACTALIS, INC., PETITIONER-RESPONDENT, V NORMAN L. POLANSKI, JR., AS MAYOR OF THE CITY OF LACKAWANNA, CITY COUNCIL OF THE CITY OF LACKAWANNA, JAMES L. MICHEL, AS CHIEF OF THE CITY OF LACKAWANNA POLICE DEPARTMENT, AND CITY OF LACKAWANNA, RESPONDENTS.

Appellants having moved, upon the return of an order to show cause granted by the Honorable Erin M. Peradotto on June 19, 2009, to vacate a stay granted by an order of the Supreme Court entered in the Office of the Clerk of the County of Erie on June 15, 2009, pending the hearing and determination of the appeal taken herein, and for such other relief,

Now, upon reading and filing the affidavit of Daniel A. Spitzer sworn to June 18, 2009,

said show cause order with proof of service thereof, the opposing affidavit of Kenneth A. Manning sworn to June 19, 2009, the opposing affidavit of Daniel E. Blamowski, P.E. sworn to June 19, 2009, the reply affirmation of Daniel A. Spitzer dated November 25, 2009, the surreply affirmation of William H. Baaki sworn to November 25, 2009, and due deliberation having been had thereon,

It is hereby ORDERED that the motion be, and the same hereby is granted, permission to appeal from the order entered June 15, 2009 is hereby granted, and the order is hereby vacated pending the hearing and determination of the appeal taken herein, on the condition that appellant perfect the appeal on or before January 15, 2010, in which event,

It is further ORDERED that the appeal is to be added to the calendar for the term of this Court commencing April 5, 2010.

Entered: December 7, 2009

Patricia L. Morgan, Clerk