UNIFORMED FIREFIGHTERS ASS'N OF GREATER NEW YORK v. CITY OF NEW YORK


173 A.D.2d 206 (1991)

Uniformed Firefighters Association of Greater New York, Appellant, v. City of New York et al., Respondents

Appellate Division of the Supreme Court of the State of New York, First Department.

May 7, 1991


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...

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