| ELIZABETH P. SMITH V CITY OF BUFFALO AND CITY OF BUFFALO DEPARTMENT OF HUMAN RESOURCES, CIVIL SERVICE DIVISION |
| Motion No: CA 10-02229 |
| Slip Opinion No: 2010 NY Slip Op 91679(U) |
| Decided on December 16, 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 NO. CA 10-02229
| ELIZABETH P. SMITH, PETITIONER-RESPONDENT, V CITY OF BUFFALO
AND CITY OF BUFFALO DEPARTMENT OF HUMAN RESOURCES, CIVIL SERVICE DIVISION, RESPONDENTS-APPELLANTS. |
Petitioner having moved, pursuant to CPLR 5519 (c), to vacate appellants' automatic stay pursuant to CPLR 5519 (a) (1) or, in the alternative, to expedite the unperfected appeal taken herein from an order of the Supreme Court entered in the Office of the Clerk of the County of Erie, on October 4, 2010,
Now, upon reading and filing the affirmations of Christen Archer Pierrot, Esq. dated November 5, 2010, and December 3, 2010, the notice of motion with proof of service thereof, and the affirmation of Michael B. Risman, Esq. dated November 18, 2010, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is denied.
Entered: December 16, 2010
Patricia L. Morgan, Clerk