New York City took its fight to vacate the sweeping discrimination remedy ordered for the New York Fire Department to the U.S. Court of Appeals for the Second Circuit yesterday, claiming Judge Nicholas Garaufis (See Profile) cannot be trusted to be fair and should be removed from the case.

In high-stakes arguments that will determine whether a court monitor will oversee firefighter hiring practices for the next decade, Deborah Brenner of the Law Department told the circuit that Garaufis had “lost sight of the fact this is all about intent” when he refused to credit positive steps the department has taken to increase opportunities for blacks and Hispanics.

Richard A. Levy of Levy Ratner who represents black firefighters and Deborah A. Brenner, senior counsel at the New York City Law Department, argue before the U.S. Court of Appeals for the Second Circuit yesterday.  NYLJ/Rick Kopstein