Tuesday, March 22, 2011

Mayor Bloomberg stop complaining about "TRO'S against the City; You're starting to sound like Giuliani.

The lead story in last Thursday"s NYLJ was Justice Goodman's vacating of a temporary restraining order enjoining the City from laying off deputy sheriffs and Mayor Bloomberg complaining about the fiscal impact of "TRO'S issued against the City of New York.
Mayor Bloomberg, give me a break! The City as a municipal defendant or respondent already has an unparalelled protection when a litigant seeks to have a "TRO " issued ; The opportunity to argue the merits of the "TRO " before the assigned Justice. Ordinary(non-municipal defendants) don't have that protection and customarily find out about issued TRO's when they are served with the Order to Show Cause. TRO's are necessary emergency type vehicles designed to temporarily stop or compel an action, while maintaining the "status quo" until the return date of the underlying application.
All Court orders have fiscal implications. But without this vehicle being available to litigants , the City could simply run amok ruining people's lives, careers, professions, families, homes and businesses without an opportunity for judicial protection.
Mayor Bloomberg, you're way off base here. TRO's are the great equalizer and merely serve as a temporary remedy until the Court has the opportunity to be fully briefed.
Oh and by the way; They are very difficult to get a Judge to grant in the first place.

Mayor Bloomberg, stop acting like our former Mayor!

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