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MATTER OF PATROLMEN'S BENEVOLENT ASSN. OF CITY OF N.Y., INC. v. CITY OF NEW YORK

113039/11, 10314N

119 A.D.3d 1 (2014)

987 N.Y.S.2d 308

2014 NY Slip Op 3464

In the Matter of PATROLMEN'S BENEVOLENT ASSOCIATION OF THE CITY OF NEW YORK, INC., et al., Respondents, v. CITY OF NEW YORK et al., Appellants.

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

Decided May 13, 2014.

Attorney(s) appearing for the Case

Michael A. Cardozo , Corporation Counsel, New York City ( Ellen Ravitch and Pamela Seider Dolgow of counsel), for appellants.

Gleason, Dunn, Walsh & O'Shea, Albany ( Ronald G. Dunn and Mark T. Walsh of counsel), and Michael T. Murray, New York City ( Michael T. Murray , Gaurav I. Shah and David W. Morris of counsel), for respondents.

Greenberg Burzichelli Greenberg P.C., Lake Success ( Harry Greenberg and Genevieve E. Peeples of counsel), for amicus curiae.

ANDRIAS, DEGRASSE and MANZANET-DANIELS, JJ., concur; TOM, J.P., and GISCHE, J., dissent in a separate opinion by GISCHE, J.

OPINION OF THE COURT

ANDRIAS, J.

Supreme Court granted petitioners a preliminary injunction enjoining respondents from denying or revoking "Release Time" to the individual petitioners, pending resolution of arbitration proceedings. Because petitioners have failed to establish a likelihood of success on the merits of the claim to be arbitrated, we reverse and vacate the preliminary injunction.

The individual...

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