McInerney v. New York City Transit Authority

This is an article 78 proceeding brought by the petitioner against the New York City Transit Authority (hereinafter referred to as “ Authority ”) and the Department of Personnel, Civil Service Commission, City of New York, to annul the Authority’s determination denying the petitioner’s application for reinstatement to his former position of Transit Patrolman and for back pay from the date of the denial of reinstatement.

Petitioner contends that the Authority’s denial of his reinstatement is arbitrary, capricious and unreasonable. The respondent Authority contends that the right to…