| Romaine v New York City Transit Authority |
| Motion No: 2006-03361 |
| Slip Opinion No: 2006 NYSlipOp 67130(U) |
| Decided on April 19, 2006 |
| Appellate Division, Second 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. |
Appellate Division: Second Judicial Department
M38541
C/sl
HOWARD MILLER, J.P.
DANIEL F. LUCIANO
ROBERT A. LIFSON
JOSEPH COVELLO, JJ.
|
2006-03361 Robert Romaine, etc., et al., appellants, v New York City Transit Authority, respondent. (Index No. 33237/05)
| DECISION & ORDER ON MOTION |
Motion by the appellants to enjoin the New York City Transit Authority, its officers, directors, managers, and/or agents from mandating that members of the appellant Local 106, Transport Workers Union, employed by nonparty Manhattan Bronx Surface Transportation Operating Authority as Property Protection Supervisors, including but not limited to the appellant Richard LaManna, attend, bring with them designated safety equipment, and participate in Track Safety Training, pending hearing and determination of an appeal from a judgment of the Supreme Court, Kings County, dated March 1, 2006; and for a preference in the calendaring of the appeal.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the branch of the motion which is to enjoin the New York City Transit Authority, its officers, directors, managers, and/or agents from mandating that members of the appellant Local 106, Transport Workers Union, employed by nonparty Manhattan Bronx Surface Transportation Operating Authority as Property Protection Supervisors, including but not limited to the appellant Richard LaManna, attend, bring with them designated safety equipment, and participate in Track Safety Training, pending hearing and determination of the appeal, is granted on condition that the appeal is perfected on or before May 19, 2006; and it is further,
ORDERED that in the event the appeal is not perfected on or before May 19, 2006, the court, on its own motion, may vacate the injunction, or the respondent may move to vacate the injunction, on three days notice; and it is further,
ORDERED that the branch of the motion which is for a preference in the calendaring of the appeal is denied.
MILLER, J.P., LUCIANO, LIFSON and COVELLO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court