MATTER OF APPLICATION OF TEMCO SERV. INDUS. INC. v. LIU

104133/2012.

2013 NY Slip Op 50955(U)

IN THE MATTER OF THE APPLICATION OF TEMCO SERVICE INDUSTRIES, INC., Petitioner, FOR A JUDGMENT PURSUANT TO ARTICLE 78 OF THE NEW YORK CIVIL PRACTICE LAW and RULES, v. JOHN C. LIU, AS COMPTROLLER OF THE CITY OF NEW YORK, Respondent.

Supreme Court, New York County.

Decided June 14, 2013.


Attorney(s) appearing for the Case

Genova, Burns, Biantomasi & Webster, 494 Broad Street, Newark, NJ 07102, Trinity Centre, 115 Broadway, Suite 1504, New York, NY 10006, (973) 533-0777, Attorneys for Petitioner.

Gibson, Dunn & Crutcher, LLP, 200 Park Avenue, 47th Floor, New York, NY 10166, (212) 351-2300, Office of General Counsel, S.E.I.U. Local 32BJ, 25 West 18th Street, New York, N.Y. 10011, (212) 388-2060, Attorneys for Respondent.


MANUEL J. MENDEZ, J.

Upon a reading of the foregoing cited papers, it is ordered and adjudged that this Article 78 petition, is denied. The motion filed under Motion Seq. No. 003, by Sevice Employees International Union, Local 32BJ (herein after referred to as "Local 32BJ"), to intervene, is denied.

RELEVANT FACTS

The New York City Department of Education (hereinafter referred to as "DOE") generally uses the "indirect system" of custodial...

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