Matter of Buffalo Professional Firefighters Assn., Inc., Local 282, IAFF, AFL-CIO-CLC (Masiello)
2008 NY Slip Op 02237 [49 AD3d 1169]
March 14, 2008
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, May 14, 2008


In the Matter of the Arbitration between Buffalo Professional Firefighters Association, Inc., Local 282, IAFF, AFL-CIO-CLC, Appellant, and Anthony Masiello, as Mayor of the City of Buffalo, et al., Respondents.

—[*1] Law Offices of J. Gregory Hoelscher, Buffalo (J. Gregory Hoelscher of counsel) and Sammarco, Mattacola & Sammarco, LLP, Buffalo, for petitioner-appellant.

Hodgson Russ LLP, Buffalo (Jeffrey F. Swiatek of counsel), for respondents-respondents.

Appeal from an order of the Supreme Court, Erie County (John A. Michalek, J.), entered October 26, 2006. The order, insofar as appealed from, granted the motion of respondents for an evidentiary hearing on the issue of the arbitrator's alleged bias.

It is hereby ordered that said appeal is unanimously dismissed without costs as moot (see Matter of Buffalo Professional Firefighters Assn., Inc., Local 282, IAFF, AFL-CIO-CLC [Masiello], 50 AD3d 106 [2008]). Present—Smith, J.P., Lunn, Peradotto, Green and Pine, JJ.