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

Index No. 650755/21. Appeal No. 15881. Case No. 2021-03786.

205 A.D.3d 464 (2022)

168 N.Y.S.3d 458

2022 NY Slip Op 03061

In the Matter of Thomas Rivera et al., Respondents, v. New York City Transit Authority, Appellant.

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

Decided May 5, 2022.

Attorney(s) appearing for the Case

David I. Farber , Brooklyn ( Robert K. Drinan of counsel), for appellant.

Advocates for Justice, Chartered Attorneys, New York ( Arthur Z. Schwartz of counsel), for respondents.

Concur—Gische, J.P., Kern, Oing, González, Scarpulla, JJ.

The court should not have granted the petition to vacate the arbitration award because the award had a rational basis (see generally Matter of United Fedn. of Teachers, Local 2, AFT, AFL-CIO v Board of Educ. of City School Dist. of City of N.Y., 1 N.Y.3d 72, 79 [2003]). In 2019, petitioner was the subject of a prior disciplinary action involving charges of attendance and time violations. Those charges were resolved by a stipulation...

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