Jamestown officials are asking state Supreme Court Justice Stephen Cass to delay the first oral arguments in a lawsuit brought by the union representing city firefighters.

The union is opposing the city’s request.

Firefighters and members of the Jamestown Professional Firefighters Association Local 137 are suing the city of Jamestown over consistently leaving management positions such as battalion chief, captain, and lieutenant unfilled with permanent appointments, and instead filling them with temporary ones, even while there is not an emergency situation.

Arguments in the case had been scheduled for April 6 in state Supreme Court with briefs due by Tuesday, March 31. Elliot Raimondo, city corporation counsel, asked for the deadline for legal briefs to be submitted be pushed back to April 27 with oral arguments to be pushed back to May 4. Raimondo is requesting the delay because material witnesses will be unavailable for late March and early April due to the school schedule of spring breaks while co-counsel Marilyn Fiore-Lehman is also unavailable until April 20 due to scheduling conflicts.

“While some may say that justice delayed is justice denied, I would say that there will be no prejudice of a slight delay to the plaintiffs in this matter,” Raimondo wrote in his letter to Cass. “Specifically, the parties have a companion case covering the same issues as argued in this case in the form of arbitration. … The city fully intends to abide by any determination made by the arbitrator or settlement that may be reached between the parties on this issue.”

Charles DeAngelo, the attorney representing city firefighters, filed his own letter with Cass’ office opposing the proposed delay, though DeAngelo proposed the court issue a cease and desist order to stop the city from assigning out-of-title work during the adjournment. In addition to asking the court to require the city to appoint and assign captains, lieutenants and battalion chiefs, DeAngelo is asking for an award of back pay and benefits, court costs and attorneys fees.

“Allowing the city to what constitutes another month of continued violations of law is untenable,” DeAngelo wrote. “The court should not allow this adjournment to happen. … As we know from the truly unfortunate death of Buffalo firefighter Jason Arno, using acting officers can lead to injuries and even the death of a firefighter. Allowing the city to continue to clearly violate Civil Service Law and the New York State Constitution is untenable. Finally the adjournment is way too long. We need to move this case forward to a decision immediately to avoid any irreparable loss to a Jamestown firefighter and his/her family.”