3348-3349. WINSTON HENVILL, plf-ap, v. METROPOLITAN TRANSPORTATION AUTHORITY, ET AL., def-res — IN RE WINSTON HENVILL, pet-ap, v. METROPOLITAN TRANSPORTATION AUTHORITY, ET AL., res-res — Wolin & Wolin, Jericho (Alan E. Wolin of counsel), for ap — Goldberg Segalla, LLP, New York (Hilary Dinkelspiel of counsel), for Metropolitan Transportation Authority, res — Jakubowski, Robertson, Maffei, Goldsmith & Tartaglia, LLP, Saint James (Mark Goldsmith of counsel), for Metropolitan Transportation Authority Police Benevolent Association, res — Orders, Supreme Court, New York County (Joan M. Kenney, J.), entered January 11, 2016, which granted defendants’ motion to dismiss the complaint pursuant to CPLR 3211(a)(7), and judgment (denominated an order), same court and Justice, entered March 4, 2016, denying the petition seeking to vacate the arbitration award which terminated petitioner’s employment with respondent Metropolitan Transportation Authority upon a finding of misconduct, and dismissing the proceeding brought pursuant to CPLR article 75, unanimously affirmed, without costs.
Plaintiff failed to adequately plead a claim for breach of the duty of fair representation against defendant Metropolitan Transportation Authority Police Benevolent Association (PBA) because none of the allegations in the complaint demonstrated that PBA’s conduct, in representing plaintiff at the arbitration hearing which resulted in his termination, was arbitrary, discriminatory or done in bad faith (see Matter of Civil Serv. Bar Assn., Local 237, Intl. Bhd. of Teamsters v. City of New York, 64 NY2d 188, 196 [1984]; Cox v. Subway Surface Supervisors Assn., 69 AD3d 438, 438 [1st Dept 2010]). At most, plaintiff alleged that PBA was irresponsible or negligent, which is insufficient to show unfair representation (Mellon v. Benker, 186 AD2d 1020, 1021 [4th Dept 1992]; Matter of Civil Serv. Empls. Assn. v. Public Empl. Relations Bd., 132 AD2d 430, 432 [3d Dept 1987], affd 73 NY2d 796 [1988]).
