Plaintiff Mariya Zafrani, represented by Jeffrey Arlen Spinner of Liberty & Freedom Law Group Ltd., sought a temporary restraining order and preliminary injunction to compel the New York City Department of Education to make immediate payments pursuant to a State Review Officer decision. The motion followed the court's prior denial of a motion to compel compliance and for contempt sanctions in Docket No. 65.
Zafrani's motion relied on an email from iBrain, a special education provider, stating it would be closed April 16 and 17 due to "staffing challenges related to delays in payments from the Department of Education." The plaintiff also submitted a declaration from Spinner summarizing two similar emails from iBrain to parents.
The court noted the declaration did not establish Spinner's knowledge of iBrain's finances or confirm whether the provider had reopened since the motion was filed.
Judge Margaret M. Garnett held that injunctive relief is an extraordinary remedy requiring a showing of likely success on the merits, irreparable harm, favorable equities, and public interest. The court emphasized that irreparable harm is the single most important prerequisite for a preliminary injunction.
The court found Zafrani entirely failed to brief the Winter factors and did not comprehensively argue irreparable harm. Even assuming the minor child's missed school days constituted harm, the court found the evidence meager and unclear regarding how long the closure would last.
The court stated it had no basis to conclude iBrain was closed due to delayed DOE payments, relying only on unsupported hearsay. The court further noted Zafrani failed to explain how funding a single student's pendency would alleviate iBrain's alleged inability to pay over 200 staff members and past-due rent.
The court denied the TRO motion. It noted Zafrani filed similar emergency motions in several other cases and referenced a prior order requiring her to meet and confer with the DOE regarding discovery efficiency.
The parties must file a joint status letter by April 24, 2026, regarding whether a referral to Judge Cave for discovery would facilitate judicial economy. The court will issue an order on the preliminary injunction motion after receiving the letter.