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

DOCKET NO. CA 11-00918

IN THE MATTER OF MARK C. POLONCARZ, PETITIONER-APPELLANT, V CHRISTOPHER C. COLLINS, COUNTY EXECUTIVE OF ERIE COUNTY, ERIE COUNTY LEGISLATURE, DANIEL M. KOZUB, TIMOTHY M. KENNEDY, BARBARA MILLER-WILLIAMS, RAYMOND W. WALTER, DINO J. FUDOLI, MARIA R. WHYTE, BETTY JEAN GRANT, THOMAS J. MAZUR, CHRISTINA W. BOVE, KEVIN R. HARDWICK, LYNN M. MARINELLI, LYNNE M. DIXON, JOHN J. MILLS, THOMAS A. LOUGHRAN AND EDWARD J. RATH, III, AS DULY ELECTED LEGISLATORS CONSTITUTING THE ERIE COUNTY LEGISLATURE, GREGORY G. GACH AND COUNTY OF ERIE, RESPONDENTS-RESPONDENTS.

Appellant having moved for an order expediting the appeal and directing that all parties shall submit the appeal to this Court without oral argument, and for an order stating that this Court is neither requiring nor accepting briefs from the Erie County Legislature, Daniel M. Kozub, Timothy M. Kennedy, Barbara Miller-Williams, Maria R. Whyte, Betty Jean Grant, Thomas J. Mazur, Christine W. Bove, Lynn M. Marinelli, Thomas A. Loughran, John J. Mills, Raymond W. Walter, Dino J. Fudoli, Kevin R. Hardwick, Lynne M. Dixon, and Edward A. Rath, III on this appeal taken from an order of the Supreme Court entered in the Office of the Clerk of the County of Erie on November 24, 2010,

Now, upon reading and filing the affirmation of Jerome D. Schad, Esq. dated May 13, 2011, the notice of motion with proof of service thereof, and the affirmation of H. Todd Bullard, Esq. received May 27, 2011, and due deliberation having been had thereon,

It is hereby ORDERED that the motion insofar as it seeks an order stating that this Court is neither requiring nor accepting briefs for certain parties named above is dismissed as academic, and

It is further ORDERED that the motion is otherwise denied.

Entered: June 23, 2011

Patricia L. Morgan, Clerk