Opinion
May 7, 1991
Appeal from the Supreme Court, New York County (Herman Cahn, J.).
The IAS court properly found that it lacked subject matter jurisdiction to enjoin implementation of Department Order No. 168, assigning light duty firefighters to serve as division aides, pending the hearing and determination of the plaintiff's improper practice petition and scope of bargaining petition by the Office of Collective Bargaining.
It is well settled that the pendency of a viable action is an indispensable prerequisite to the granting of a preliminary or temporary injunction (Matter of Hart Is. Comm. v Koch, 150 A.D.2d 269, 272, lv denied 75 N.Y.2d 705), and that petitions before the Office of Collective Bargaining, which has exclusive jurisdiction over issues of improper labor practices and determinations of whether a City directive or regulation is a mandatory subject of collective bargaining, do not satisfy the requirement that there be an underlying action in order to support the issuance of a preliminary injunction (Matter of Caruso v Ward, 146 A.D.2d 486, 487).
We have considered plaintiff's remaining claims, and find them to be without merit.
Concur — Sullivan, J.P., Ellerin, Wallach, Ross and Smith, JJ.