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Alale v. MTA N.Y.C. Transit Auth.

Petition to Overturn Arbitration Award Sustaining Disciplinary Charges, Dismissal Untimely

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The following e-filed documents, listed by NYSCEF document number (Motion 001) 2, 8 were read on this motion to/for ARTICLE 78 (BODY OR OFFICER). DECISION ORDER ON MOTION   Upon the foregoing documents, it is ORDERED that the petition, pursuant to CPLR Article 75, by petitioner Olusegun Alale (motion sequence number 001) is denied, and this proceeding is dismissed; and it is further ORDERED that the Clerk of the Court shall enter judgment accordingly; and it is further ORDERED that counsel for respondent shall serve a copy of this order along with notice of entry on all parties within twenty (20) days. In this special proceeding, petitioner pro se Olusegun Alale (Alale) seeks an order to overturn an arbitration award that sustained job-related disciplinary charges against him and recommended his employment be terminated (motion sequence number 001). For the following reasons, the petition is denied and this proceeding is dismissed. BACKGROUND Alale was employed as a bus driver by the respondent New York City Transit Authority (NYCTA; i/s/h/a MTA New York City Transit) from May 5, 2017 until March 5, 2020. See verified petition,

7, 29. On that latter date, NYCTA served Alale with a “Disciplinary Action Notification” that terminated his employment on the grounds of “Gross Misconduct and Conduct Unbecoming” which arose during an incident on February 29, 2020. Id., 29; verified answer, exhibit B. On that date, Alale left his bus to pursue a passenger with whom he had had a fare altercation and spat on her in front of her two minor children. Id.,

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