PRESENT: SMITH, J.P., FAHEY, CARNI, GREEN AND GORSKI, JJ.

DOCKET NOS. CA 09-01749 AND CA 09-01748
CA 09-01748
CA 09-01749

IN THE MATTER OF ROBERT P. MEEGAN, JR., INDIVIDUALLY AND AS PRESIDENT OF BUFFALO POLICE BENEVOLENT ASSOCIATION AND BUFFALO POLICE BENEVOLENT ASSOCIATION, PETITIONERS-RESPONDENTS, V BYRON W. BROWN, AS MAYOR OF CITY OF BUFFALO, H. MCCARTHY GIPSON, AS COMMISSIONER OF POLICE AND CITY OF BUFFALO, RESPONDENTS-APPELLANTS. (APPEAL NO. 1.) IN THE MATTER OF ROBERT P. MEEGAN, JR., INDIVIDUALLY AND AS PRESIDENT OF BUFFALO POLICE BENEVOLENT ASSOCIATION AND BUFFALO POLICE BENEVOLENT ASSOCIATION, PETITIONERS-RESPONDENTS, V BYRON W. BROWN, AS MAYOR OF CITY OF BUFFALO, H. MCCARTHY GIPSON, AS COMMISSIONER OF POLICE AND CITY OF BUFFALO, RESPONDENTS-APPELLANTS. (APPEAL NO. 2.)

Respondents having moved to have this Court take judicial notice of the Opinion and Award, dated January 3, 2010, of Michael S. Lewandowski issued in the arbitration between the City of Buffalo and the Buffalo Police Benevolent Association for purposes of the appeals taken herein from the orders of the Supreme Court entered in the Office of the Clerk of the County of Erie on November 25, 2008 and January 28, 2009,

Now, upon reading and filing the affirmation of Joseph S. Brown, Esq. dated March 16, 2010, and the notice of motion with proof of service thereof, the affirmation of W. James Schwan dated March 22, 2010, and due deliberation having been had thereon,

It is hereby ORDERED that the motion is granted and the Court will take judicial notice of the Opinion and Award.

Entered: April 16, 2010

Patricia L. Morgan, Clerk