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

DOCKET NO. CA 12-01379

IN THE MATTER OF BUFFALO UNITED CHARTER SCHOOL, BROOKLYN EXCELSIOR CHARTER SCHOOL, AND NATIONAL HERITAGE ACADEMIES, INC., PETITIONERS-APPELLANTS, V NEW YORK STATE PUBLIC EMPLOYMENT RELATIONS BOARD, COUNCIL OF SCHOOL SUPERVISORS AND ADMINISTRATORS, LOCAL 1, AFSA, AND BUFFALO UNITED CHARTER SCHOOLS EDUCATION ASSOCIATION, NYSUT/AFT, AFL-CIO NEW YORK, RESPONDENTS-RESPONDENTS.

Appellants having moved, upon the return of an order to show cause signed by the Honorable Eugene M. Fahey on July 19, 2012, for a stay and a preliminary injunction pending the hearing and determination of the appeal taken herein from an order and judgment of the Supreme Court entered in the Office of the Clerk of the County of Erie on July 11, 2012, and for other relief,

Now, upon reading and filing the affidavit of Corey Martin sworn to July 9, 2012, the affirmations of Laurence B. Oppenheimer, Esq., dated July 11, 2012, and August 21, 2012, the affidavits of Chad Fridsma sworn to July 9, 2012, and July 26, 2012, the affidavit of Arthur V. Traver, Jr. sworn to July 11, 2012,, said order to show cause with proof of service thereof, the memoranda of law in support of and in opposition to the motion, the affirmation of Jennifer N. Coffey, Esq., dated July 16, 2012, the affidavits of Michael Deely sworn to July 13, 2012, and August 9, 2012, and the affirmation of David P. Quinn, Esq., dated July 16, 2012, and due deliberation having been had thereon,

It is hereby ORDERED that the motion is denied.

Entered: September 11, 2012

Frances E. Cafarell, Clerk