Opinion
Motion No. 2022-02459 Index No. 154208/22Case No. 2022-02598
07-19-2022
Jolifer Noe, Carmen Rodriguez, Nativa Palmer, Eric Auguste, and Richard Rivera, Petitioners-Respondents, v. Local 983, Motor Vehicle Operators Union, American Federation of State, County and Municipal Employees, by its President, Joe Puleo, and Joe Oro, as Election Committee Chair of Local 983, Motor Vehicle Operators Union, American Federation of State, County and Municipal Employees, Respondents-Appellants.
Unpublished Opinion
MOTION DECISION
Present - Hon. Cynthia S. Kern, Angela M. Mazzarelli Ellen Gesmer Jeffrey K. Oing Peter H. Moulton, Justice Presiding, Justices.
An appeal having been taken to this Court from an amended order of the Supreme Court, New York County, entered on or about June 17, 2022, which (i) enjoined respondent Local 893 from holding an election until the infirmities set forth in the motion court's decision were met and the court vacated the injunction, (ii) directed respondents to provide a plan to the motion court to hold a future Local 983 election not more than thirty days following service of the order with notice of entry that is consistent with the amended order; and (iii) directed respondents to present the plan to petitioners for review at least seven days prior to such submission to the motion court, with the petitioners then having an opportunity to provide any objections thereto not more than three days following such submission, And respondents-appellants having moved, pursuant to CPLR 5519, to stay enforcement of the aforesaid amended order, entered on or about June 17, 2022, pending hearing and determination of the appeal,
And an order of a Justice of this Court having been entered June 23, 2022, granting respondent's application for interim relief to the extent of (1) staying Supreme Court from setting a date for respondent Local 983, Motor Vehicle Operators Union, American Federation of State, County and Municipal Employees to conduct its election, and (2) conditioning Supreme Court's preliminary injunction on petitioners posting an undertaking in the amount of $1000 and filing with this Court proof of same via NYSCEF at or before the close of business on Friday July 1, 2022, Now, upon reading and filing the papers with respect to the motion, and due deliberation having been had thereon, It is ordered that the motion is granted to the extent of continuing the aforesaid interim relief granted by order of a Justice of this Court, entered June 23, 2022, pending the hearing and determination of the appeal.