NYC fights ruling forcing it to reinstate firefighter fired over vax mandate

New York Metropolis is interesting a courtroom ruling forcing it to reinstate a Staten Island firefighter who misplaced his job after he opposed the COVID-19 vaccine mandate for spiritual causes.

The FDNY filed a discover of enchantment Monday, shortly after Timothy Rivicci – who gained a go well with to get his job again earlier this month – mentioned the town ought to be held in contempt for failing to place him again to work at Engine 158.

“When the choose made his ruling I assumed I'd lastly be getting my life again to regular and I'd get to proceed the profession that I like,” Rivicci advised The Submit in an announcement. “With this I assumed my monetary worries had been over as effectively. 

“Nonetheless, the town’s refusal to reinstate me has introduced me to the brink of foreclosures.”

Rivicci, 31, introduced the contempt movement — which additionally seeks to nice the town $10,000 a day — arguing officers have ignored the ruling from Staten Island Supreme Court docket Justice Ralph Porzio reinstating him efficient Oct. 5.

Porzio, in his ruling, discovered it was illegal for the town to disclaim Rivicci’s request for spiritual exemption with out providing any rationalization for the denial.

Timothy Rivicci in uniform.
The town is interesting a ruling to reinstate firefighter Timothy Rivicci to his job at Engine 158 in Staten Island.
Edward Kieran

And final week, Porzio additionally ordered the town to pay Rivicci $192,000 for the prices of authorized charges for bringing his case and for again pay from when he was fired on Nov. 5, 2021.

However Rivicci’s lawyer Christina Martinez mentioned the town nonetheless hadn’t put her shopper again to work or paid him the judgment cash – which might doubtlessly pressure him to foreclose on his dwelling that had already been in forbearance.

Martinez mentioned after inquiring a number of instances in regards to the standing of Rivicci’s job, the town solely knowledgeable her Oct. 20 that they determined to enchantment and wouldn’t be reinstating him within the meantime, in response to the courtroom papers looking for the contempt order.

“The FDNY has filed a discover of enchantment which triggers an automated keep of the courtroom’s ruling,” a spokesperson with the town Legislation Division advised The Submit. “The spiritual lodging resolution by the FDNY and the citywide enchantment panel was rational and lawful.”

Timothy Rivicci in Staten Island court with his lawyers and others from Engine 158.
Rivicci says the town ought to be held in contempt for not reinstating him to his job on Oct. 5 like a choose ordered them to.
Picture Courtesy of Christina Martinez

“Unvaccinated firefighters can threaten the well being and security of fellow first responders and the general public they intently work together with, together with essentially the most weak,” the assertion mentioned.

However Martinez responded that even when a keep is triggered with the enchantment it “doesn't change the truth that [the city] disregarded the courtroom’s order for nearly three weeks.”

“Firefighter Rivicci ought to be preventing fires proper now, like Decide Porzio directed,” Martinez mentioned.

Rivicci – who’s been with the division since 2016 – and his spouse each opposed getting the jab as born-again Christians. His spouse, a metropolis instructor, was additionally fired below the vaccine mandate.

Timothy Rivicci, aged 8, dressed up as a firefighter.
Timothy Rivicci mentioned that he at all times wished to be a firefighter like his dad and uncle.
Courtesy of Timothy Rivicci

Rivicci advised The Submit via his lawyer that he has wished to change into a firefighter since he was a child to comply with within the footsteps of his dad and uncle. He labored in the identical Engine that his dad retired from.

“I wished to be a firefighter for so long as I might bear in mind,” Rivicci mentioned. “I grew up with my dad and my uncle who had been each firefighters and I at all times seemed as much as them and wished to be identical to them.”

The FDNY deferred remark to the Legislation Division.

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