Smith v. City of New York

Background

Myra S. Smith brought claims against the City of New York alleging discrimination based on race, ethnicity, and age, retaliation, harassment, and obstruction of justice. She sought preliminary injunctive relief—an order issued before final judgment to prevent specified conduct while a case is pending.

Smith previously filed two preliminary-injunction motions. The court denied the first after adopting Magistrate Judge Robert W. Lehrburger’s recommendation that she had not shown the required likelihood of irreparable harm. The court later denied a second motion seeking to prevent the New York City Police Department from changing her schedule except as previously agreed, again based on the lack of a showing of likely irreparable harm.

Third Motion

Smith’s third motion sought an order prohibiting harassment by a New York City Police Department employee. Magistrate Judge Lehrburger recommended denying the motion because Smith again had not established the required likelihood of irreparable harm if an injunction were not issued.

The opinion states that the third motion was filed on January 16, 2026, even though the recommendation was dated February 12, 2025 and the order was dated March 3, 2025. The date appears internally inconsistent, and the opinion does not explain the discrepancy.

Ruling

Smith had seventeen days after service of the recommendation to submit written objections, including three additional days because service was by mail. No objections were filed. Judge Jennifer L. Rochon therefore reviewed the uncontested recommendation for clear error, meaning an obvious mistake apparent from the record. The court found no clear error, adopted the recommendation in its entirety, and denied Smith’s third motion for a preliminary injunction.

The order addresses only the request for preliminary relief. It does not decide the merits of Smith’s underlying discrimination, retaliation, harassment, or obstruction claims.