Opinion
May 6, 1999
Appeal from the Supreme Court, New York County (Helen Freedman, J.).
The proceeding should be dismissed for failure to allege the existence of a quota, as defined in Labor Law § 215-a Lab.(2), there being no indication of how many tickets petitioners had to write within what period of time. Giving the petition every favorable intendment, all that appears is that two supervising officers from two different precincts directed the individual petitioners to perform duties, during their meal breaks, that were likely to result in the issuance of tickets. This fails to support an inference that petitioners were punished for failure to meet a quota for issuing tickets in violation of Labor Law § 215-a Lab.. We note respondents' abandonment on appeal of their argument that the proceeding is time-barred, and our disagreement with respondents that the parties' collective bargaining agreement made impartial arbitration a remedy that petitioners were required to exhaust ( compare, Carter v. Department of Correction, 92 A.D.2d 465, affd 62 N.Y.2d 670).
Concur — Sullivan, J. P., Rosenberger, Tom and Wallach, JJ.