MATTER OF MATARAZZO v. SAFIR


261 A.D.2d 142 (1999)

689 N.Y.S.2d 494

In the Matter of LOUIS MATARAZZO, as President of the Patrolmen's Benevolent Association of the City of New York, et al., Appellants, v. HOWARD SAFIR, as Police Commissioner of the City of New York, et al., Respondents.

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

Decided May 6, 1999.


The proceeding should be dismissed for failure to allege the existence of a quota, as defined in Labor Law § 215-a (2), there being no indication of how many tickets petitioners had to write within what period of time. Giving the petition every favorable intendment, all that appears is that two supervising officers from two different precincts directed the individual petitioners to perform duties, during their meal breaks, that

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