- 1 - SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK ----------------------------------------IN THE MATTER OF THE APPLICATION OF RICHARD J. VIZZINI, individually and as RICHARD J. VIZZINI, individually and as President of the UNIFORMED FIREFIGHTERS ASSOCIATION, Local 94, INTERNATIONAL ASSOCIATION OF FIREFIGHTERS, AFL-CIO, Petitioners, -against-ABRAHAM D. BEAME, as Mayor of the City of New York; THE CITY OF NEW YORK; and THE NEW YORK CITY FIRE DEPARTMENT; and Index No. 10551 JOHN T. O'HAGAN, as Fire Commissioner of the City of New York, and Chief of Department of the said New York City Fire Department; the BOARD OF COLLECTIVE BARGAINING; ARVID ANDERSON, as Chairman of such Board, and ERIC J. SCHMERTZ, WALTER L. EISENBERG, EDWARD SILVER, VINCENT McDONNELL, HARRY VAN ARSDALE, JR., and EDWARD GRAY, as members of such Board, Respondents. For an Order and Judgment pursuant to Article 78 of the Civil Practice Law and Rules, to reverse a determination of the Respondent BOARD OF COLLECTIVE BARGAINING. -----------------------------------------NYLJ Friday Oct. 4, 1974 Justice Fein Petitioners here seek a judgment annulling and reversing an interim order of the Board of Collective Bargaining of the City of New York "BCB" which denied their motion to stay the respondents City of New York and New York City Fire Department from installing and implementing certain manning and work assignment programs during the pendency of petitioners’ proceeding before the BCB seeking a final determination by it that the installation of such programs would constitute a violation of the so-called “status quo” provisions(Administrative Code, sec. 1173-7.0 [d] of the New York City Collective Bargaining Law. In so far as is here pertinent, such provisions require the fire department to refrain from unilateral changes in wages, hours or working conditions during the period of its negotiations with petitioners for a collective bargaining agreement, Petitioners seek a judgment of this court granting the same temporary injunctive relief heretofore denied by the interim
- 2 - order of the BCB. Following final submission application, the court has received from the office of the corporation counsel a copy of the BCB's final decision and order in the aforesaid proceeding dismissing the charges alleged in the petition before said board. In light of such final determination the relief sought in this proceeding is now moot. Accordingly, petitioner’s application is denied and the petition is dismissed. Settle judgment.
You are being directed to the most recent version of the statute which may not be the version considered at the time of the judgment.