Appellate Division of the Supreme Court of New York, 2012

Relyea v. Metropolitan Transportation Authority

Relyea v. Metropolitan Transportation Authority
Appellate Division of the Supreme Court of New York · Decided January 17, 2012
91 A.D.3d 787; 936 N.Y.2d 560
Relyea v. Metropolitan Transportation Authority

Opinion of the Court

*788“Generally, in a CPLR article 78 proceeding, [courts] examine whether the action taken by the agency has a rational basis” and will overturn that action only “where it is ‘taken without sound basis in reason’ or ‘regard to the facts’ ” (Matter of Wooley v New York State Dept. of Correctional Servs., 15 NY3d 275, 280 [2010], quoting Matter of Peckham v Calogero, 12 NY3d 424, 431 [2009]; see Matter of Pell v Board of Educ. of Union Free School Dist. No. 1 of Towns of Scarsdale & Mamaroneck, Westchester County, 34 NY2d 222, 232 [1974]), or where it is “arbitrary and capricious” (Matter of Deerpark Farms, LLC v Agricultural & Farmland Protection Bd. of Orange County, 70 AD3d 1037, 1038 [2010]; see Matter of Ignizio v City of New York, 85 AD3d 1171, 1174 [2011]). Here, the determination of the respondent that the petitioner was not eligible for a disability pension was not arbitrary and capricious. The petitioner did not have the required 10 years of credited service in order to be eligible for a disability pension. Mastro, A.EJ., Angiolillo, Balkin and Chambers, JJ, concur.

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