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Preliminary Injunction Should Not Have Been Granted—Petitioners Did Not Show a Likelihood of Success on the Merits

The First Department, in a full-fledged opinion by Justice Andrias, over a dissent, reversed Supreme Court’s grant of a preliminary injunction in favor of the petitioners.  Petitioners were elected members of the Patrolmen’s Benevolent Association of the City of New York.  They had been issued Release Time certificates by the Office of Labor Relations (OLR) pursuant to Mayor’s Executive Order #75 (EO 75) which approved full-time leave with pay and benefits.  After the Release Time certificates were issued, the petitioners were indicted for alleged involvement in a ticket-fixing scheme.  The OLR rescinded the Release Time certificates.  Supreme Court granted a preliminary injunction reinstating the certificates pending arbitration.  The First Department determined the preliminary injunction should not have been granted because the petitioners failed to demonstrate a likelihood of success on the merits:

CPLR 7502(c) provides that the Supreme Court “may entertain an application for … a preliminary injunction in connection with an arbitration that is pending … but only upon the ground that the award to which the applicant may be entitled may be rendered ineffectual without such provisional relief.” The party seeking the preliminary injunction must also demonstrate a probability of success on the merits, danger of irreparable injury in the absence of a preliminary injunction, and a balance of the equities in their favor … . Applying these standards, even assuming that petitioners established that an award in their favor would be rendered ineffectual without provisional relief, as required by CPLR 7502(c), they have failed to make the requisite showing of a likelihood of success on the merits, and therefore have not established their entitlement to injunctive relief… . * * *

Enforcement of EO 75 is committed to the OLR Commissioner, who may issue implementing rules and regulations. The indictments of the individual petitioners on charges related to a ticket-fixing scheme that include allegations of grand larceny, official misconduct, tampering with public records, and criminal solicitation constitute a sufficient basis for the City to determine that the individual petitioners did not “at all times conduct themselves in a responsible manner” … . Accordingly, OLR was entitled to unilaterally rescind the Release Time certificates. Matter of Patrolmen’s Benevolent Assn of the City of New York, Inc v City of New York, 2013 NY Slip Op 08033, 1st Dept 12-3-13

 

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