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PHILLIPS v. MANHATTAN & BRONX

652740/13, 14249

132 A.D.3d 149 (2015)

15 N.Y.S.3d 331

2015 NY Slip Op 06564

In the Matter of EARL PHILLIPS, Respondent, v. MANHATTAN AND BRONX SURFACE TRANSIT OPERATING AUTHORITY, Appellant.

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

Decided August 18, 2015.

Attorney(s) appearing for the Case

Lewis S. Finkelman , Brooklyn ( Timothy J. O'Shaughnessy of counsel), for appellant.

Advocates for Justice, C.A., New York City ( Arthur Z. Schwartz of counsel), for respondent.

MAZZARELLI, J.P., SWEENY, FEINMAN and KAPNICK, JJ., concur.

OPINION OF THE COURT

This case stems from a bus driver's employment termination by the Manhattan and Bronx Surface Transit Operating Authority (Transit Authority) for alleged sexual harassment of a bus dispatcher. The bus operator did not contest the charges or the penalty. Instead, his union challenged the Transit Authority...

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