ISRAEL v. ABATE

No. 93 Civ. 3321 (JES).

949 F.Supp. 1035 (1996)

Stanley ISRAEL, as President of the Correction Officers Benevolent Association, Inc., and the Correction Officers Benevolent Association, Inc., Plaintiffs, v. Catherine M. ABATE, as Commissioner of the Department of Correction of the City of New York, the New York City Department of Correction, Robert La Pene, Acting Commissioner for Labor Relations for the New York City Department of Correction, Richard Yates, Assistant Commissioner for Labor Relations for the New York City Department of Correction, James Hanley, Commissioner of the Office of Labor Relations of the City of New York, Michael McDonald, Assistant Commissioner of the Office of Labor Relations of the City of New York, and the City of New York, Defendants.

United States District Court, S.D. New York.

December 11, 1996.


Attorney(s) appearing for the Case

Tellerman, Paticoff & Greenberg (Philip E. Taubman, of counsel), New York City, for Plaintiffs.

Paul A. Crotty, Corporation Counsel of the City of New York (R. Townsend Davis, Jr., Assistant Corporation Counsel, of counsel), New York City, for Defendants.


MEMORANDUM OPINION AND ORDER

SPRIZZO, District Judge:

Pursuant to 28 U.S.C. § 2201 and 42 U.S.C. § 1983, plaintiffs Stanley Israel and the Correction Officers Benevolent Association, Inc. ("COBA") bring the instant action for declaratory judgment, seeking to enjoin defendants from prohibiting plaintiffs from posting and distributing union fliers at the Control Building of the Rikers Island Correctional...

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