JEFFREY TAMSEN V OLIVIA A. LICATA, AS DIRECTOR OF THE CITY OF BUFFALO DEPARTMENT OF HUMAN RESOURCES, CIVIL SERVICE
Motion No: CA 11-00923
Slip Opinion No: 2011 NY Slip Op 73912(U)
Decided on May 25, 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.


May 25, 2011

PRESENT: SCUDDER, P. J., SMITH, CENTRA, FAHEY, AND GREEN, JJ.

DOCKET NO. CA 11-00923

JEFFREY TAMSEN, PETITIONER-RESPONDENT,

V

OLIVIA A. LICATA, AS DIRECTOR OF THE CITY OF BUFFALO

DEPARTMENT OF HUMAN RESOURCES, CIVIL SERVICE DIVISION AND

CITY OF BUFFALO, RESPONDENTS-APPELLANTS.


Respondent having moved, upon the return of an order to show cause granted by the Honorable Samuel L. Green on April 25, 2011, to vacate appellants' CPLR 5519 (a) (1) automatic stay of enforcement of an order of the Supreme Court entered in the Office of the Clerk of the County of Erie on April 15, 2011,

Now, upon reading and filing the affidavit of W. James Schwan, Esq. sworn to April 22, 2011, said show cause order with proof of service thereof, and the affidavit of Cindy T. Cooper, Esq. sworn to May 11, 2011, and due deliberation having been had thereon,

It is hereby ORDERED that the motion is denied.

Entered: May 25, 2011

Patricia L. Morgan, Clerk