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MATTER OF CORRECTION OFFICERS' BENEVOLENT ASSOCIATION v. N.Y. CITY BD. OF COLLECTIVE BARGAINING

11436.

182 A.D.3d 522 (2020)

122 N.Y.S.3d 630

2020 NY Slip Op 02549

In the Matter of Correction Officers' Benevolent Association, Petitioner, v. New York City Board of Collective Bargaining et al., Respondents.

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

Decided April 30, 2020.

The hearing after which respondent Board of Collective Bargaining (BCB) made its determination was discretionary, not mandatory (see 61 RCNY 1-07[c][8]; Matter of United Fedn. of Teachers v City of New York, 154 A.D.3d 548, 550 [1st Dept 2017]). Therefore, the standard of judicial review is whether the determination is arbitrary and capricious, and transfer to this Court was unwarranted (see Matter of Lippman v Public Empl...

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