IN THE MATTER OF THE ARBITRATION BETWEEN RONALD LUCAS, AS PRESIDENT OF TEAMSTERS LOCAL 264 OF THE INTERNATIONAL
Motion No: CA 10-02491
Slip Opinion No: 2011 NY Slip Op 77117(U)
Decided on June 23, 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.


June 23, 2011

PRESENT: SCUDDER, P. J., CENTRA, PERADOTTO, CARNI, AND LINDLEY, JJ.

DOCKET NO. CA 10-02491
DOCKET NO. CA 11-00965

IN THE MATTER OF THE ARBITRATION BETWEEN

RONALD LUCAS, AS PRESIDENT OF TEAMSTERS LOCAL 264 OF THE

INTERNATIONAL BROTHERHOOD OF TEAMSTERS,

PETITIONER-RESPONDENT,

AND

CITY OF BUFFALO, BYRON BROWN, MAYOR,

STEVEN STEPNIAK, COMMISSIONER OF PUBLIC WORKS,

PARKS AND STREETS, AND KARLA THOMAS, COMMISSIONER OF

HUMAN RESOURCES, RESPONDENTS-APPELLANTS.

(APPEAL NO. 1.)

IN THE MATTER OF ARBITRATION BETWEEN

MARY HOLL, PETITIONER-RESPONDENT,

AND

CITY OF BUFFALO, BYRON BROWN, MAYOR,

STEVEN STEPNIAK, COMMISSION OF PUBLIC WORKS, PARKS

AND STREETS, AND KARLA THOMAS, COMMISSIONER OF

HUMAN RESOURCES, RESPONDENTS-APPELLANTS.

(APPEAL NO. 2.)


Appellants having moved to vacate the dismissal of the appeal taken herein from the judgment and order of the Supreme Court entered in the Office of the Clerk of the County of Erie on September 17, 2011 (Appeal No. 1), and to consolidate said appeal with the appeal taken herein from a judgment and order of the Supreme Court entered in the Office of the Clerk of the County of Erie on March 4, 2011 (Appeal No. 2),

Now, upon reading and filing the affirmation of Matthew C. Van Vessem, Esq. dated May 2, 2011, the notice of motion with proof of service thereof, and the affirmation of Terry M. Sugrue, Esq. dated May 6, 2011, and due deliberation having been had thereon,

It is hereby ORDERED that the motion insofar as it seeks to vacate dismissal of Appeal No. 1 is granted to the extent that the ordering paragraph of the order of this Court entered March 14, 2011, is hereby amended by deleting the date May 13, 2011, and inserting in its place the date August 11, 2011, and

It is further ORDERED that the motion insofar as it seeks to consolidate the appeals from the judgments and orders entered September 17, 2011, and March 4, 2011, is gratned and the appeals are hereby consolidated for the purposes of perfecting and arguing the appeals.

Entered: June 23, 2011

Patricia L. Morgan, Clerk