Chiavarelli v. State University of New York Health Science Center

Full title: In the Matter of MARIO CHIAVARELLI, Respondent, v. STATE UNIVERSITY OF NEW…

Court: Appellate Division of the Supreme Court of New York, Second Department

Date published: Mar 30, 1998

248 A.D.2d 712 (N.Y. App. Div. 1998)

671 N.Y.S.2d 279

Opinion

March 30, 1998

Appeal from the Supreme Court, Kings County (G. Aronin, J.).

Ordered that the order is affirmed, with costs.

The Supreme Court is authorized to grant a preliminary injunction in a proceeding pursuant to CPLR 7502 (c) "upon the ground that the award to which the applicant may be entitled may be rendered ineffectual without such provisional relief" (CPLR 7502 [c]; Suffolk County Patrolmen's Benevolent Assn. v. County of Suffolk, 150 A.D.2d 361, 362; Drexel Burnham Lambert v. Ruebsamen, 139 A.D.2d 323). Here, the Supreme Court did not improvidently exercise its discretion by granting the preliminary injunction.

The Supreme Court also did not improvidently exercise its discretion when fixing the amount of the undertaking ( see, Clover St. Assocs. v. Nilsson, 244 A.D.2d 313; Zonghetti v. Jeromack, 150 A.D.2d 561).

Miller, J. P., Thompson, Friedmann and McGinity, JJ., concur.