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MATTER OF CHERRINGTON v. NEW YORK CITY TRANSIT AUTHORITY

Index No. 654270/20. Appeal No. 15538. Case No. 2021-02588.

203 A.D.3d 539 (2022)

165 N.Y.S.3d 492

2022 NY Slip Op 01874

In the Matter of Norris Cherrington et al., Appellants, v. New York City Transit Authority, Respondent.

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

Decided March 17, 2022.

Attorney(s) appearing for the Case

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

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

Concur—Kapnick, J.P., Mazzarelli, Friedman, Gesmer, Oing, JJ.

The court correctly concluded that the award was not irrational, as there was proof justifying the arbitrator's decision to give petitioner Norris Cherrington a 25-day suspension, namely, that he had violated respondent's zero-tolerance policy for workplace violence (see Matter of Peckerman v D & D Assoc., 165 A.D.2d 289, 296 [1st Dept 1991]). Petitioners' contention that the award is irrational because the arbitrator did not...

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