A.J. McNulty & Co. v. Greenberger

The Authority issued its determination after learning about the execution of search warrants at petitioner’s offices in furtherance of an ongoing criminal investigation into work performed for the Metropolitan Transportation Authority. Pursuant to 21 NYCRR 9600.3 (d) (2) (i), the Authority may preclude an applicant “from working for [it] until there is a favorable resolution of . . . [a] pending criminal investigation.” Accordingly, the Authority’s determination was not arbitrary and capricious (see Matter of N.J.D. Elecs. v New York City Health & Hosps. Corp., 205 AD2d 323, 324 [1994]).

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