MATTER OF UNION OF AUTOMOTIVE TECHNICIANS v. PORT AUTH. EMPL. RELATIONS PANEL

Index No. 101244/19. Appeal No. 13253. Case No. 2020-02691.

192 A.D.3d 445 (2021)

144 N.Y.S.3d 12

2021 NY Slip Op 01348

In the Matter of Union of Automotive Technicians, AFL-CIO Local 563, Petitioner, v. Port Authority Employment Relations Panel et al., Respondents.

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

Decided March 4, 2021.


Attorney(s) appearing for the Case

Witham & Kozan, New York ( Craig Kozan of counsel), for petitioner.

Michael T. Fois , Albany ( Ellen M. Mitchell of counsel), for Port Authority Employment Relations Panel, respondent.

Port Authority Law Department, New York ( Paulo C. Alves of counsel), for The Port Authority of New York and New Jersey, respondent.

Concur—Kern, J.P., Oing, Singh, Moulton, JJ.


As an initial matter, this proceeding should not have been transferred to this Court pursuant to CPLR 7804(g), since the petition does not raise an issue of substantial evidence (see Matter of Tucker v New York City Hous. Auth., 129 A.D.3d 571, 575 [1st Dept 2015]). "While factual findings made pursuant to a hearing required by law must be affirmed when supported by substantial evidence in the record, ... an arbitrary and capricious...

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