MOTION NO. 587.1 EUGENE MARGERUM, ANTHONY HYNES, JOSEPH FAHEY, TIMOTHY HAZELET, PETER KERTZIE, PETER LOTOCKI, SCOTT
Motion No: CA 11-00157
Slip Opinion No: 2011 NY Slip Op 78226(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., PERADOTTO, LINDLEY, SCONIERS, AND MARTOCHE, JJ.

DOCKET NO. CA 11-00157

MOTION NO. 587.1

EUGENE MARGERUM, ANTHONY HYNES, JOSEPH FAHEY, TIMOTHY

HAZELET, PETER KERTZIE, PETER LOTOCKI, SCOTT SKINNER,

THOMAS J. REDDINGTON, TIMOTHY CASSEL, MATTHEW 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 reargument of or, in the alternative, leave to appeal to the Court of Appeals from the order of this Court entered April 29, 2011,

Now, upon reading and filing the affirmation of Joshua Feinstein, Esq. dated June 8, 2011, the notice of motion with proof of service thereof, and the affirmation of Christen Archer Pierrot, Esq. dated June 17, 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