Opinion
15955-15955A Index No. 652171/20 Case No. 2021–01910
05-17-2022
In the Matter of TRIBOROUGH BRIDGE AND TUNNEL AUTHORITY SUPERIOR OFFICERS BENEVOLENT ASSOCIATION, Petitioner–Appellant, v. TRIBOROUGH BRIDGE AND TUNNEL AUTHORITY, Respondent–Respondent.
Davis & Ferber, Islandia (Christopher S. Rothemich of counsel), for appellant. Proskauer Rose LLP, New York (Neil H. Abramson of counsel), for respondent.
Davis & Ferber, Islandia (Christopher S. Rothemich of counsel), for appellant.
Proskauer Rose LLP, New York (Neil H. Abramson of counsel), for respondent.
Mazzarelli, J.P., Oing, Moulton, Gonza´lez, Kennedy, JJ.
Order, Supreme Court, New York County (Arthur F. Engoron, J.), entered April 23, 2021, which denied petitioner's motion to hold respondent in contempt for violating a prior decision and order, same court and Justice, entered November 18, 2020, confirming a final arbitration award, unanimously affirmed, without costs.
The actions for which petitioner seeks to hold respondent in contempt are outside the scope of the arbitration award, which did not discuss or determine respondent's right to redeploy other categories of sergeants. Thus, as the court found, petitioner cannot demonstrate the required showing of a violation of a clear and unequivocal court mandate to support a finding of civil contempt (see El–Dehdan v. El–Dehdan, 26 N.Y.3d 19, 29, 19 N.Y.S.3d 475, 41 N.E.3d 340 [2015] ).