DeLury v. City of New York
Justice Murphy dissents from a decision that denied a motion to vacate a stay, arguing that vacating the stay is crucial to maintain the status quo and prevent irreparable harm to the plaintiffs. The dissent highlights that the City is protected by a $1,000,000 bond, making further delay harmless to the city, while immediate firings could render an expedited appeal moot. The core issue revolves around a contractual clause regarding guaranteed two-year employment for sanitation workers in exchange for waiving rights under Labor Law § 220, which the City argues is invalid under its Administrative Code, allowing for dismissals due to lack of work. Murphy also raises a factual issue regarding whether the City can fire permanent employees while retaining provisional ones. The dissent concludes that the potential irreparable harm to plaintiffs' benefits outweighs the minimal harm to the City, advocating for vacating the stay and directing an expedited appeal or trial.