EUGENE MARGERUM, ANTHONY HYNES, JOSEPH FAHEY, TIMOTHY HAZELET, PETER KERTZIE, PETER LOTOCKI, SCOTT SKINNER, THOMAS J.
Motion No: CA 11-00157
Slip Opinion No: 2011 NY Slip Op 66477(U)
Decided on March 8, 2011
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.


March 8, 2011

PRESENT: SCUDDER, P. J., CENTRA, PERADOTTO, GORSKI AND MARTOCHE, JJ.

DOCKET NO. CA 11-00157

EUGENE MARGERUM, ANTHONY HYNES, JOSEPH FAHEY, TIMOTHY

HAZELET, PETER KERTZIE, PETER LOTOCKI, SCOTT SKINNER,

THOMAS J. REDDINGTON, TIMOTHY R. CASSEL, MATHEW S. OSINSKI,

MARK ABAD, BRAD ARNONE, 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.


Respondents having moved for an extension of time to file and serve a brief on the appeal taken herein from an order of the Supreme Court entered in the Office of the Clerk of the County of Erie on November 29, 2010,

Now, upon reading and filing the affirmation of Andrew P. Fleming, Esq. dated February 23, 2011, and the notice of motion with proof of service thereof, and due deliberation having been had thereon,

It is hereby ORDERED that the motion is granted on the condition that the brief is filed and served on or before March 11, 2011, and the Clerk is directed to accept the brief for filing, and

It is further ORDERED that reply briefs, if any, shall be filed and served on or before March 28, 2011.

Entered: March 8, 2011

Patricia L. Morgan, Clerk