JONES v. NEW YORK CITY TRANSIT AUTHORITY

2017-06870. Index No. 3234/16.

178 A.D.3d 826 (2019)

115 N.Y.S.3d 95

2019 NY Slip Op 08848

In the Matter of Rawl A. Jones, Respondent, v. New York City Transit Authority, Appellant.

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

Decided December 11, 2019.


Attorney(s) appearing for the Case

David I. Farber , Brooklyn, NY ( Kristen M. Nolan of counsel), for appellant.

Leighton M. Jackson , New York, NY, for respondent.

Dillon, J.P., Cohen, Barros and Connolly, JJ., concur.


Ordered that the order and judgment is reversed insofar as appealed from, on the law, without costs or disbursements, the petition is denied, and the proceeding is dismissed on the merits.

On September 28, 2015, the New York City Transit Authority (hereinafter NYCTA) hired the petitioner as a conductor from the open competitive civil service list, subject to a probationary period of employment. The petitioner failed both a final examination on November 17, 2015, and...

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