IN THE MATTER OF ARBITRATION BETWEEN WENDY COOPER AND WAYNE SPENCE, AS PRESIDENT OF THE NEW YORK STATE PUBLIC EMPLOYEES

IN THE MATTER OF ARBITRATION BETWEEN WENDY COOPER AND WAYNE SPENCE, AS PRESIDENT OF THE NEW YORK STATE PUBLIC EMPLOYEES

Motion No: CA 23-01879

Slip Opinion No: 2023 NY Slip Op 77977(U)

Decided on December 4, 2023

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.

December 4, 2023

PRESENT: SMITH, J.P., LINDLEY, CURRAN, AND BANNISTER, JJ.

CA 23-01879

IN THE MATTER OF ARBITRATION BETWEEN WENDY COOPER AND WAYNE
SPENCE, AS PRESIDENT OF THE NEW YORK STATE PUBLIC EMPLOYEES
FEDERATION, AFL-CIO, PETITIONERS-RESPONDENTS,
AND
ROSWELL PARK COMPREHENSIVE CANCER CENTER, ALSO KNOWN AS
ROSWELL PARK CANCER INSTITUTE, CANDACE JOHNSON, PH.D., AS
PRESIDENT AND CEO, BOARD OF TRUSTEES OF ROSWELL PARK
COMPREHENSIVE CANCER CENTER, MICHAEL L. JOSEPH, AS
CHARUIMAN OF BOARD OF DIRECTORS OF ROSWELL PARK
COMPREHENSIVE CANCER CENTER AND GREGORY F. DANIEL, M.D.,
MMA, AS PRESIDENT OF BOARD OF DIRECTORS OF ROSWELL PARK
COMPREHENSIVE CANCER CENTER, RESPONDENTS-APPELLANTS.

Respondents-appellants having moved pursuant to CPLR 5519 [a][1],[c] for a stay of enforcement, pending the hearing and determination of the appeal taken herein from an order of the Supreme Court, Erie County, entered September 29, 2023,

Now, upon reading and filing the papers with respect to the motion, and due deliberation having been had thereon,

It is hereby ORDERED that the motion is dismissed on the ground that the order appealed is automatically stayed pursuant to CPLR 5519 (a) (1).

Entered: December 4, 2023

Ann Dillon Flynn

Clerk of the Court