Matarazzo v. Safir

—Judgment, Supreme Court, New York County (Helen Freedman, J.), entered January 8, 1998, which, in a CPLR article 78 proceeding by petitioner police officers against respondent Police Department alleging wrongful deprivation of meal breaks as punishment for failure to meet a ticket writing quota, and seeking compensation for lost meal time and a cease and desist order, granted respondents’ cross motion to dismiss the petition, unanimously affirmed, without costs.

The proceeding should be dismissed for failure to allege the existence of a quota, as defined in Labor Law § 215-a (2), there being…