MATTER OF PENA v. PORT AUTH. OF N.Y. & N.J.

10289, 102845/12.

107 A.D.3d 433 (2013)

965 N.Y.S.2d 875

2013 NY Slip Op 4102

In the Matter of FERNANDO PENA, Appellant, v. PORT AUTHORITY OF NEW YORK AND NEW JERSEY et al., Respondents.

Appellate Division of the Supreme Court of New York, First Department.

Decided June 6, 2013.


Respondent's determination that petitioner was not entitled to participate in the vested benefits program was not arbitrary and capricious or affected by an error of law. Its denial is based on a long standing policy that an employee who resigns while disciplinary charges are pending is not in good standing and is therefore not entitled to such benefits. Pursuant to this policy, such charges are deemed to be pending if the employee has been informed that they are being prepared...

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