Matter of Fernandez v. New York City Tr. Auth.

Order, Supreme Court, Bronx County (John A. Barone, J.), entered March 29, 2013, which denied the petition to vacate the arbitrator’s decision upholding respondent’s (NYCTA) termination of petitioner’s employment, and granted NYCTA’s cross motion to dismiss the petition, unanimously modified, on the law, to grant the petition to the extent of vacating the penalty of termination and to deny the cross motion, and the matter is remanded for the imposition of a lesser penalty, and otherwise affirmed, without costs.

Although we are troubled by the lack of a transcript to review the record of the…