Opinion
DOCKET NO. CA 12-02011
11-30-2012
IN THE MATTER OF THE ARBITRATION BETWEEN BUFFALO TEACHERS FEDERATION, INC., PETITIONER-APPELLANT-RESPONDENT, v. BOARD OF EDUCATION OF THE CITY SCHOOL DISTRICT OF THE CITY OF BUFFALO AND CITY SCHOOL DISTRICT OF CITY OF BUFFALO, RESPONDENTS-RESPONDENTS-APPELLANTS.
PRESENT: , P. J., SMITH, CENTRA, FAHEY, AND PERADOTTO, JJ.
Petitioner having moved for a preliminary injunction pending the hearing and determination of the appeal, to vacate the automatic stay, and to expedite the appeal taken from an order and judgment of Supreme Court entered in the Office of the Clerk of the County of Erie on September 28, 2012,
Now, upon reading and filing the affidavit of James D. Bilik, Esq., sworn to October 24, 2012, the affidavit of Philip Rumore sworn to October 24, 2012, the notice of motion with proof of service thereof, and the statement of Karl W. Kristoff, Esq., dated November 1, 2012, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is granted to the extent that the CPLR 5519 (a) (1) automatic stay of enforcement of the order and judgment entered September 28, 2012, is vacated if the appeal is not perfected on or before January 7, 2013, and
It is further ORDERED that if the appeal is perfected on or before January 7, 2013, the appeal shall be added to the term of this Court commencing April 1, 2013, and
It is further ORDERED that the motion is otherwise denied.
Frances E. Cafarell, Clerk