Judge Paul Engelmayer
Pro se plaintiff Peck sought a preliminary injunction against Montefiore Medical Center to enjoin Montefiore’s Department of Radiology from going forward with its ad hoc committee process, which could eventually lead to her discharge from the department’s residency program. Peck is currently a third-year medical resident in the radiology department’s Division of Nuclear Medicine. She is scheduled to complete her residency in June 2014. In November 2013, the department’s chairperson issued a letter stating that it was recommended that Peck be removed from the program due to “substandard or otherwise unacceptable performance.” The court denied Peck’s application, finding that the present ad hoc committee review process will not work irreparable harm on Peck. The court added that if this step in Montefiore’s process for considering termination of a resident results in an amicable resolution, no irreparable harm, by definition, will have been done to Peck. The court noted that even if Montefiore ultimately were to discharge Peck, a discharge from employment and the resulting injuries do not constitute the irreparable harm necessary to obtain a preliminary injunction.
