De Milia v. McGuire

OPINION OF THE COURT

Oliver C. Sutton, J.

Motions under Calendar Nos. 26 and 145 of May 23, 1979 are consolidated for disposition.

Plaintiffs move for a preliminary injunction enjoining defendants from implementing a chronic absence control program *282pending the outcome of a proceeding before the Office of Collective Bargaining (OCB). Defendants cross-move for a protective order pursuant to CPLR 2304, quashing a subpoena duces tecum. By separate notice of motion, defendants also move for summary judgment dismissing the complaint.

Plaintiffs allege that defendants have impermissibly, unilaterally…