Opinion
04 CV 1930 (SJ).
May 13, 2004
KENNEDY, SCHWARTZ, CURE, P.C., New York, NY, By: Arthur Schwartz, Attorney for Plaintiffs.
MEMORANDUM AND ORDER
Presently before the Court is Plaintiff Carlos Blackman's request that this Court issue an Order to Show Cause for a Preliminary Injunction: (1) requiring the New York City Transit Authority (NYCTA) to reinstate Plaintiff to employment; and (2) restraining the NYCTA from interfering with Plaintiff's full performance of his elected responsibilities as an officer of Local 100.
A Plaintiff is entitled to a preliminary injunction upon showing: (1) irreparable harm, and (2) either (a) a likelihood of success on the merits, or (b) sufficiently serious questions going to the merits to make them a fair ground for litigation and a balance of hardships tipping decidedly in favor of the moving party. Jackson Dairy, Inc. v. H.P. Hood Sons, Inc., 596 F.2d 70, 72 (2d Cir. 1979); Savage v. Gorski, 850 F.2d 64, 67 (2d Cir. 1988). Plaintiff's allegations are insufficient to demonstrate a risk of irreparable harm to himself or others. See Piercy v. Federal Reserve Bank of New York, No. 02 CIV 5005, 2003 WI, 115230, at *5 (S.D.N.Y. Jan. 13, 2002);American Postal Workers Union v. United States Postal Service, 766 F.2d 715, 722 (2d Cir. 1985). Therefore, Plaintiffs' request is DENIED.
SO ORDERED.