| JOSEPH MONTESANO, INDIVIDUALLY AND AS PRESIDENT OF ROCHESTER FIREFIGHTERS, INC., LOCAL 1071, IAFF, AFL-CIO, AS TRUSTEE |
| Motion No: NOS. CA 10-00092, CA 10-00956, AND CA 10-00957 |
| Slip Opinion No: 2010 NY Slip Op 77499(U) |
| Decided on July 15, 2010 |
| 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., MARTOCHE, SMITH, CENTRA, AND FAHEY, JJ.
DOCKET NOS. CA 10-00092, CA 10-00956, AND CA 10-00957
| JOSEPH MONTESANO, INDIVIDUALLY AND AS PRESIDENT OF ROCHESTER
FIREFIGHTERS, INC., LOCAL 1071, IAFF, AFL-CIO, AS TRUSTEE OF ROCHESTER FIREFIGHTERS ASSOCIATION MUTUAL AID FUND, AND ON BEHALF OF ALL
OTHER INDIVIDUALS PROVIDING FIRE PROTECTION TO CITY OF ROCHESTER, SIMILARLY SITUATED, FREDERICK DI NOTO, GARY DI NOTO, KEVIN BILLS AND
MICHAEL SULLI, INDIVIDUALLY AS ROCHESTER FIREFIGHTERS AND AS TRUSTEES OF ROCHESTER FIREFIGHTERS ASSOCIATION MUTUAL AID FUND, AND
ROCHESTER FIREFIGHTERS ASSOCIATION MUTUAL AID FUND, PLAINTIFFS-RESPONDENTS, V FLOYD A. MADISON, AS CHIEF OF FIRE
DEPARTMENT OF CITY OF ROCHESTER, AND AS ADMINISTRATOR OF FIREFIGHTERS' INSURANCE FUND OF CITY OF ROCHESTER, WILLIAM A.
JOHNSON, JR., AS MAYOR OF CITY OF ROCHESTER, VINCENT J. CARFAGNA AS DIRECTOR OF THE CITY OF ROCHESTER'S FINANCE DEPARTMENT, CHARLES A.
BENINCASA AS TREASURER OF CITY OF ROCHESTER AND AS TRUSTEE OF THE FIREFIGHTERS' INSURANCE FUND OF CITY OF ROCHESTER, CITY OF
ROCHESTER, FIRE DEPARTMENT OF CITY OF ROCHESTER, FIREFIGHTERS INSURANCE FUND OF CITY OF ROCHESTER, AND ROCHESTER FIREFIGHTERS
BENEVOLENT ASSOCIATION, DEFENDANTS-APPELLANTS. |
Appellants having moved to extend their time to perfect the appeals taken herein from the orders entered November 10, 2009, (CA 10-00092) and April 26, 2010 (CA 10-00956 and CA 10-00957), and to consolidate any additional final orders of the Supreme Court,
Respondents having cross-moved to dismiss the appeals from the same orders,
Now, upon reading and filing the affidavit of John M. Campolieto, Esq. sworn to June 25, 2010, the affirmation of Amy L. DiFranco, Esq. dated July 1, 2010, the notices of motion and cross motion with proof of service thereof, the affirmation of John M. Campolieto dated July 9, 2010, and due deliberation having been had thereon,
It is hereby ORDERED that the motion insofar as it seeks an extension of time to perfect is granted to the extent that the ordering paragraphs of the order of this Court entered May 4, 2010 are hereby amended by deleting the date June 28, 2010 and inserting in its place the date September 13, 2010, and
It is further ORDERED that appellants' motion insofar as it seeks consolidation of future appeals is dismissed as premature, and
It is further ORDERED that the cross motion is dismissed as unnecessary.
Memorandum: No further extensions of time to perfect will be granted.
Entered: July 15, 2010
Patricia L. Morgan, Clerk