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MATTER OF MOONEY v. NEW YORK CITY TRANSIT AUTHORITY

10729, 100413/18.

179 A.D.3d 426 (2020)

117 N.Y.S.3d 195

2020 NY Slip Op 00065

In the Matter of John Mooney, Petitioner, and Brian Burke, Appellant, v. New York City Transit Authority et al., Respondents.

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

Decided January 7, 2020.

PERB's determination that petitioner failed to state a claim of improper practices against NYCTA and TWU is not arbitrary and capricious or legally impermissible (see District Council 37, Am. Fedn. Of State, County & Mun. Empls., AFL-CIO v City of New York, 22 A.D.3d 279 [1st Dept 2005]). PERB rationally found that petitioner failed to allege facts that would show that TWU engaged in arbitrary, discriminatory or bad faith conduct...

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