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MATTER OF FERNANDEZ v. NEW YORK CITY TR. AUTH.

1033, 260702/11.

139 A.D.3d 417 (2016)

29 N.Y.S.3d 175

2016 NY Slip Op 03435

In the Matter of CARLOS FERNANDEZ, Respondent, v. NEW YORK CITY TRANSIT AUTHORITY, Appellant.

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

Decided May 3, 2016.

On a prior appeal in this CPLR article 75 proceeding, this Court vacated the arbitration award sustaining respondent New York City Transit Authority's (NYCTA) decision to terminate petitioner's employment, and remanded the matter for imposition of a lesser penalty (Matter of Fernandez v New York City Tr. Auth., 120 A.D.3d 407 [1st Dept 2014]). On remand, Supreme Court usurped the arbitrator's authority when it

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