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PATROLMEN'S v. CITY OF NY

113039/11, 10314N

112 A.D.3d 116 (2013)

977 N.Y.S.2d 192

2013 NY Slip Op 8033

In the Matter of PATROLMEN'S BENEVOLENT ASSOCIATION OF THE CITY OF NEW YORK, INC., on Behalf of Itself and JOSEPH ANTHONY and Others, Respondents, v. CITY OF NEW YORK et al., Appellants.

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

Decided December 3, 2013.

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 respondent.

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

DeGRASSE and MANZANET-DANIELS, JJ., concur with ANDRIAS, J.; 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 petitioners were elected by members of...

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