Justice Robert J. McDonald
Murray sought to vacate an arbitration award which dismissed her from employment with the Transit Authority (TA). After knee surgery, a doctor’s certification allegedly stated Murray was so incapacitate that she was unable to perform her duties from April 20 through May 26, 2011. An investigation revealed the note was note from the purported doctor and the signature was forged. The TA initiated disciplinary proceedings against Murray seeking her termination for violation of its policy for making and submitting fraudulent misrepresentations. The court noted Murray subsequently submitted a corrected sick leave application with a purportedly bona fide doctor’s signature. The arbitrator considered the evidence, including mitigating circumstances, and concluded that based on Murray’s prior work history and disciplinary actions, including the instant one, the appropriate penalty was dismissal. The court ruled Murray failed to demonstrate the existence of any enumerated grounds for vacating the award of the arbitrator under CPLR 7511. It found the arbitrator considered arguments by both parties and had a rational basis for determining that Murray’s submission of a fraudulent application constituted misconduct. Thus, the dismissal was upheld and vacatur was denied.
