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BUTLER v. MONAGHAN

200 Misc. 327 (1951)

Vincent L. Butler, Individually and as a Member of The Police Department of the City of New York, as a Member of the Patrolmen's Benevolent Association, and as an Applicant for Membership in the Transport Workers Union of America, C.I.O., et al., Plaintiffs, v. George P. Monaghan, as Police Commissioner of The City of New York, Defendant.

Supreme Court, Special Term, New York County.

August 23, 1951.

Attorney(s) appearing for the Case

David A. Fay for plaintiffs.

Ludwig Teller for American Civil Liberties Union, amicus curiæ.

Howard C. Kelly for Civil Service Reform Association, amicus curiæ.

John P. McGrath, Corporation Counsel (Michael A. Castaldi, Pauline K. Berger, Bernard Friedlander, Anthony Curreri and Barbara H. Carroll of counsel), for defendant.

BREITEL, J.

Plaintiffs, city police officers, seek a temporary injunction. The action is for a declaratory judgment to nullify a rule promulgated by the police commissioner, defendant herein, forbidding members of the police force from joining any labor union. These police officers ask for an injunction, during the pendency of the litigation, restraining the police commissioner from enforcing the rule by disciplinary...

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