Ordered that the order is reversed, on the law, with costs, the petition is granted, the cross petition is denied, and so much of the arbitration award as reduced the penalty imposed from dismissal to demotion is vacated.
An employee of the petitioner, New York City Transit Authority (hereinafter the NYCTA), failed to follow the proper procedure in applying the brakes on the subway train he was operating. It is uncontroverted that this failure led directly to an accident...
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