Opinion
Motion No. 2022-03636 Index No. 154208/22Case No. 2022-02598
10-11-2022
Jolifer Noe, Carmen Rodriguez, Nativa Palmer, Eric Auguste, and Richard Rivera, Plaintiffs-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Unpublished Opinion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, Justice Presiding, Angela M. Mazzarelli, Ellen Gesmer, Jeffrey K. Oing, Peter H. Moulton, 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 10, 2022, which (i) enjoined respondent Local 893 from holding an election until the infirmities set forth in the order were met and the injunction imposed therein vacated, (ii) directed respondents to provide a plan to the court to hold a future Local 983 election not more than thirty days following service of the order with notice of entry, which plan was 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 an order of a Justice of this Court having been entered June 23, 2022, granting respondents' application for interim relief to the extent of (1) staying the 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 of 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,
And plaintiffs-respondents having moved for modification and/or clarification of an order of this Court, entered on July 19, 2022 (M-2459), so as to require a union election and/or to establish an expedited briefing schedule, 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 directing respondents-appellants to perfect their appeal for the January 2023 Term of this Court and otherwise the motion is denied.