MATTER OF McCLAVE v. PORT AUTHORITY OF NEW YORK AND NEW JERSEY

16269, 100095/14.

134 A.D.3d 435 (2015)

21 N.Y.S.3d 214

2015 NY Slip Op 08912

In the Matter of JOHN McCLAVE, 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 December 3, 2015.


Respondent's determination to terminate petitioner's employment based on his arrests, on separate dates, for driving while intoxicated and assault, and his subsequent guilty pleas for driving while intoxicated and breach of the peace, was not arbitrary and capricious, or in violation of lawful procedure (see Matter of Pell v Board of Educ. of Union Free School Dist. No. 1 of Towns of Scarsdale & Mamaroneck, Westchester County, 34 N.Y.2d 222

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