Chiavarelli v. State University of New York Health Science Center at Brooklyn

• Decision Date: 30 March 1998
• Citation: Chiavarelli v. State University of New York Health Science Center at Brooklyn, 671 N.Y.S.2d 279, 248 A.D.2d 712 (N.Y. App. Div. 1998)
• Parties: 1998 N.Y. Slip Op. 2944 In the Matter of Mario CHIAVARELLI, etc., Respondent, v. STATE UNIVERSITY OF NEW YORK HEALTH SCIENCE CENTER AT BROOKLYN, Appellant.
• Court: New York Supreme Court — Appellate Division

Page 279

671 N.Y.S.2d 279

1998 N.Y. Slip Op. 2944

In the Matter of Mario CHIAVARELLI, etc., Respondent, v. STATE UNIVERSITY OF NEW YORK HEALTH SCIENCE CENTER AT BROOKLYN, Appellant.

Supreme Court of New York, Appellate Division Second Department.

March 30, 1998.

Dennis C. Vacco, Attorney-General, New York City (Thomas D. Hughes and Gary P. Weinstein, of counsel), for appellant.

Shustak Jalil & Heller, New York City (Erwin J. Shustak and Susan C. Stanley, of counsel; Marci Rosenfeld, on the brief), for respondent.

In a proceeding pursuant to CPLR 7502(c), inter alia, to preliminarily enjoin the respondent from terminating the petitioner's employment pending resolution of the merits of the dispute between the parties by an arbitrator, the appeal is from an order of the Supreme Court, Kings County (G. Aronin, J.), dated February 14, 1997, which, among other things, granted the injunction.

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, 540 N.Y.S.2d 882; Drexel Burnham Lambert v. Ruebsamen, 139 A.D.2d 323, 531 N.Y.S.2d 547). 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, ...