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BLACKMAN v. NEW YORK CITY TRANSIT AUTHORITY

United States District Court, E.D. New York


May 13, 2004.

CARLOS BLACKMAN, MARK WINSLOW, ROBERT DAVENPORT, JOSEPH SEMIEN, LUIS SANTANA, and ROGER TOUSSAINT, as President of TRANSPORT WORKERS UNION, LOCAL 100, Plaintiffs,
v.
NEW YORK CITY TRANSIT AUTHORITY, Defendant.

The opinion of the court was delivered by: STERLING JOHNSON, JR., District Judge

MEMORANDUM AND ORDER

Presently before the Court is Plaintiff Carlos Blackman's request that this Court issue an Order to Show Cause for a Preliminary Injunction: (1) requiring the New York City Transit Authority (NYCTA) to reinstate Plaintiff to employment; and (2) restraining the NYCTA from interfering with Plaintiff's full performance of his elected responsibilities as an officer of Local 100.

  A Plaintiff is entitled to a preliminary injunction upon showing: (1) irreparable harm, and (2) either (a) a likelihood of success on the merits, or (b) sufficiently serious questions going to the merits to make them a fair ground for litigation and a balance of hardships tipping decidedly in favor of the moving party. Jackson Dairy, Inc. v. H.P. Hood & Sons, Inc., 596 F.2d 70, 72 (2d Cir. 1979); Savage v. Gorski, 850 F.2d 64, 67 (2d Cir. 1988). Plaintiff's allegations are insufficient to demonstrate a risk of irreparable harm to himself or others. See Piercy v. Federal Reserve Bank of New York, No. 02 CIV 5005, 2003 WI, 115230, at *5 (S.D.N.Y. Jan. 13, 2002); American Postal Workers Union v. United States Postal Service, 766 F.2d 715, 722 (2d Cir. 1985). Therefore, Plaintiffs' request is DENIED.

  SO ORDERED.

20040513

© 1992-2004 VersusLaw Inc.



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