EUGENE MARGERUM, JOSEPH FAHEY, TIMOTHY HAZELET, PETER KERTZIE, PETER LOTOCKI, SCOTT SKINNER, THOMAS REDDINGTON, TIMOTHY
Motion No: 278-17
Slip Opinion No: 2017 NY Slip Op 77202(U)
Decided on June 9, 2017
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 9, 2017

PRESENT: PERADOTTO, J.P., LINDLEY, DEJOSEPH, NEMOYER, AND TROUTMAN, JJ.

MOTION NO. 278-17
DOCKET NO. CA 16-01325

EUGENE MARGERUM, JOSEPH FAHEY, TIMOTHY HAZELET, PETER

KERTZIE, PETER LOTOCKI, SCOTT SKINNER, THOMAS REDDINGTON,

TIMOTHY CASSEL, MATTHEW S. OSINSKI, MARK ABAD, BRAD ARNONE,

DAVID DENZ, PLAINTIFFS-RESPONDENTS,

ET AL., PLAINTIFF,

V

CITY OF BUFFALO, CITY OF BUFFALO DEPARTMENT OF

FIRE, DEFENDANTS-APPELLANTS,

AND LEONARD MATARESE, INDIVIDUALLY AND AS

COMMISSIONER OF HUMAN RESOURCES FOR CITY OF

BUFFALO, DEFENDANT.


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 March 31, 2017,

Now, upon reading and filing the affirmation of Joshua Feinstein, Esq., dated May 11, 2017, the notice of motion with proof of service thereof, and the affirmation of Lisa A. Poch, Esq., dated May 17, 2017, and due deliberation having been had thereon,

It is hereby ORDERED that the motion is denied.

Entered: June 9, 2017

Frances E. Cafarell, Clerk