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Uniformed Firefighters v. City of N.Y

Appellate Division of the Supreme Court of New York, First Department
May 7, 1991
173 A.D.2d 206 (N.Y. App. Div. 1991)

Opinion

May 7, 1991

Appeal from the Supreme Court, New York County (Herman Cahn, J.).


The IAS court properly found that it lacked subject matter jurisdiction to enjoin implementation of Department Order No. 168, assigning light duty firefighters to serve as division aides, pending the hearing and determination of the plaintiff's improper practice petition and scope of bargaining petition by the Office of Collective Bargaining.

It is well settled that the pendency of a viable action is an indispensable prerequisite to the granting of a preliminary or temporary injunction (Matter of Hart Is. Comm. v Koch, 150 A.D.2d 269, 272, lv denied 75 N.Y.2d 705), and that petitions before the Office of Collective Bargaining, which has exclusive jurisdiction over issues of improper labor practices and determinations of whether a City directive or regulation is a mandatory subject of collective bargaining, do not satisfy the requirement that there be an underlying action in order to support the issuance of a preliminary injunction (Matter of Caruso v Ward, 146 A.D.2d 486, 487).

We have considered plaintiff's remaining claims, and find them to be without merit.

Concur — Sullivan, J.P., Ellerin, Wallach, Ross and Smith, JJ.


Summaries of

Uniformed Firefighters v. City of N.Y

Appellate Division of the Supreme Court of New York, First Department
May 7, 1991
173 A.D.2d 206 (N.Y. App. Div. 1991)
Case details for

Uniformed Firefighters v. City of N.Y

Case Details

Full title:UNIFORMED FIREFIGHTERS ASSOCIATION OF GREATER NEW YORK, Appellant, v. CITY…

Court:Appellate Division of the Supreme Court of New York, First Department

Date published: May 7, 1991

Citations

173 A.D.2d 206 (N.Y. App. Div. 1991)
569 N.Y.S.2d 634

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