MOTION NO. 313 MARLINO GRESS, MAURICE HOWIE, TIMOTHY M. JOHNSON AND ABRAHAM MCKINNEY, ON BEHALF OF THEMSELVES AND ALL
Motion No: CA 10-01673
Slip Opinion No: 2011 NY Slip Op 78222(U)
Decided on July 1, 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.


July 1, 2011

PRESENT: SMITH, J.P., CARNI, LINDLEY, AND GORSKI, JJ.

DOCKET NO. CA 10-01673

MOTION NO. 313

MARLINO GRESS, MAURICE HOWIE,

TIMOTHY M. JOHNSON AND ABRAHAM MCKINNEY, ON

BEHALF OF THEMSELVES AND ALL OTHER SIMILARLY

SITUATED PERSON, PLAINTIFFS-RESPONDENTS,

V

BYRON BROWN, AS MAYOR, CITY OF BUFFALO AND

BUFFALO FISCAL STABILITY AUTHORITY, DEFENDANTS-APPELLANTS.


Appellant Buffalo Fiscal Stability Authority having moved for leave to appeal to the Court of Appeals from the order of this Court entered March 25, 2011,

Now, upon reading and filing the affidavit of A. Vincent Buzard, Esq. sworn to May 19, 2011, the notice of motion with proof of service thereof, and the affidavit of John M. Lichtenthal, Esq. sworn to May 27, 2011, and due deliberation having been had thereon,

It is hereby ORDERED that the motion is denied.

Entered: July 1, 2011

Patricia L. Morgan, Clerk