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MATTER OF FERNANDEZ v. NEW YORK CITY TRANSIT AUTHORITY

10597. 26176/17E.

178 A.D.3d 549 (2019)

115 N.Y.S.3d 281

2019 NY Slip Op 09087

In the Matter of Carlos Fernandez, Appellant, v. New York City Transit Authority, Respondent.

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

Decided December 19, 2019.

Attorney(s) appearing for the Case

Alan H. Krystal, P.C. Nesconset (Alan H. Krystal of counsel), for appellant.

David Farber, Brooklyn (Daniel Chiu of counsel), for respondent.

Concur—Acosta, P.J., Renwick, Manzanet-Daniels, Kapnick, González, JJ.

On a prior appeal in this proceeding, this Court vacated the arbitration award sustaining NYCTA's decision to terminate petitioner's employment, and remanded the matter for imposition of a lesser penalty (Matter of Fernandez v New York City Tr. Auth., 120 A.D.3d 407 [1st Dept 2014]). During the second arbitration, held upon remand, petitioner testified that he had recently pleaded guilty to reckless driving in Ohio. The arbitrator...

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