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 71868(U)
Decided on April 28, 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.


April 28, 2011

PRESENT: SMITH, J.P., PERADOTTO, LINDLEY, SCONIERS, 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, AND 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.


Appellants having moved for an order taking judicial notice of certain April 6, 2011, orders by the United States Court of Appeals for the Second Circuit in 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 Joshua Feinstein, Esq. dated April 7, 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.

Entered: April 28, 2011

Patricia L. Morgan, Clerk