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John Jaronczyk, As President of the v. Edward Mangano

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF NEW YORK


August 6, 2012

JOHN JARONCZYK, AS PRESIDENT OF THE NASSAU COUNTY SHERIFF'S CORRECTION OFFICERS BENEVOLENT ASSOCIATION, INC., AND THE NASSAU COUNTY SHERIFF'S CORRECTION OFFICERS BENEVOLENT ASSOCIATION, INC. PLAINTIFFS,
v.
EDWARD MANGANO, IN HIS OFFICIAL CAPACITY AS COUNTY EXECUTIVE OF NASSAU COUNTY, COUNTY OF NASSAU, DEFENDANTS.
DANNY DONOHUE, AS PRESIDENT OF THE CIVIL SERVICE EMPLOYEES ASSOCIATION, INC., AFSCME, AFL-CIO, JERRY LARICCHIUTA, AS LOCAL PRESIDENT OF CSEA NASSAU COUNTY LOCAL 830, AND THE CIVIL SERVICE EMPLOYEES ASSOCIATION, INC. LOCAL 1000, AFSCME, AFL-CIO,X PLAINTIFFS,
v.
' EDWARD MANGANO, IN HIS OFFICIAL CAPACITY AS COUNTY EXECUTIVE OF NASSAU COUNTY, NASSAU COUNTY LEGISLATURE, GEORGE MARAGOS, IN HIS OFFICIAL CAPACITY AS NASSAU COUNTY COMPTROLLER, AND THE COUNTY OF NASSAU, DEFENDANTS.
JAMES CARVER, INDIVIDUALLY AND AS PRESIDENT OF THE POLICE BENEVOLENT ASSOCIATION OF THE POLICE DEPARTMENT OF THE COUNTY OF NASSAU, INC., POLICE BENEVOLENT ASSOCIATION OF THE POLICE DEPARTMENT OF THE COUNTY OF NASSAU, INC., GARY LEARNED, INDIVIDUALLY
AND AS PRESIDENT OF THE SUPERIOR OFFICERS ASSOCIATION, POLICE DEPARTMENT, COUNTY OF NASSAU, INC., SUPERIOR OFFICERS ASSOCIATION, POLICE DEPARTMENT, COUNTY OF NASSAU, INC., GLENN CICCONE, INDIVIDUALLY AND AS PRESIDENT OF THE DETECTIVES' ASSOCIATION, INC. OF THE POLICE DEPARTMENT OF THE COUNTY OF NASSAU, AND THE DETECTIVES' ASSOCIATION, INC. OF THE POLICE DEPARTMENT OF THE COUNTY OF NASSAU, PLAINTIFFS,
v.
COUNTY OF NASSAU, EDWARD MANGANO, IN HIS OFFICIAL CAPACITY AS COUNTY EXECUTIVE OF NASSAU COUNTY, THE NASSAU COUNTY LEGISLATURE, PETER SCHMITT IN HIS OFFICIAL CAPACITY AS PRESIDING OFFICER OF THE NASSAU COUNTY LEGISLATURE, AND GEORGE MARAGOS, IN HIS OFFICIAL CAPACITY AS NASSAU COUNTY COMPTROLLER, DEFENDANTS.

The opinion of the court was delivered by: Spatt, District Judge:

SHORT ORDER

Presently before the Court is a motion for a preliminary injunction filed by the Plaintiffs to enjoin the implementation of Nassau County Local Law No. 8-2012, also known as Clerk Item No. 315-2012, asserting that it violates the Plaintiffs' fundamental constitutional rights secured by Article I, Section 10 of the United States Constitution, as well as other state statutory provisions.

It has been brought to the Court's attention through papers submitted by the parties that one set of plaintiffs----John Jaronczyk, as President of the Nassau County Sherriff's Correction Officers Benevolent Association, Inc., and the Nassau County Sherriff's Correction Officers Benevolent Association, Inc.----have initiated an action in the Supreme Court of the State of New York, County of Nassau, against the same Defendants as in the present action and raised almost identical state law causes of action. In addition, the Defendants have provided the Court with a copy of an Order to Show Cause, signed by the Honorable Robert A. Bruno on June 11, 2012, directing the County of Nassau to show cause why an Order should not be entered enjoining the County, the County Legislature, and Presiding Officer Peter Schmitt from taking any further actions with respect to Local Law 315-2012.

Therefore, John Jaronczyk, as President of the Nassau County Sherriff's Correction Officers Benevolent Association, Inc., and the Nassau County Sherriff's Correction Officers Benevolent Association, Inc., are directed to file a letter with this Court on or before August 10, 2012, explaining if the New York State action has been discontinued, and if not, advising the Court of the current status of the New York State action, Index No. 7391/12.

SO ORDERED.

ARTHUR D. SPATT United States District Judge

20120806

© 1992-2012 VersusLaw Inc.



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