Opinion
2015-06-16
In re the PORT AUTHORITY OF NEW YORK AND NEW JERSEY, Petitioner–Appellant, v. The UNION OF AUTOMOTIVE TECHNICIANS, Respondent–Respondent.
James M. Begley, New York (Toby J. Russell of counsel), for appellant. Wintham & Kozan, P.A., New York (Craig Kozan of counsel), for respondent.
James M. Begley, New York (Toby J. Russell of counsel), for appellant. Wintham & Kozan, P.A., New York (Craig Kozan of counsel), for respondent.
Judgment, Supreme Court, New York County (Milton A. Tingling, J.), entered May 13, 2014, to the extent appealed from as limited by the briefs, modifying an arbitration award dated July 24, 2012, to rule that the E–Z Pass benefit is a vested lifetime benefit available to members of respondent who retired from petitioner's employment under the parties' 2006–2011 Memorandum of Agreement, unanimously affirmed, without costs.
In light of our disposition of previous appeals raising the same issue, Supreme Court reached the right result in this matter ( see e.g. Matter of Port Auth. of N.Y. & N.J. v. Local Union No. 3, Intl. Bhd. of Elec. Workers, 117 A.D.3d 424, 985 N.Y.S.2d 46 [1st Dept.2014], lv. denied24 N.Y.3d 916, 2015 WL 651960 [2015]; Matter of Port Auth. of N.Y. & N.J. v. Port Auth. Police Lieutenants Benevolent Assn., 124 A.D.3d 473, 2 N.Y.S.3d 91 [1st Dept.2015]; Matter of Port Auth. N.Y. & N.J. v. Port Auth. Police Sergeants Benevolent Assn., 124 A.D.3d 475, 1 N.Y.S.3d 81 [1st Dept.2015] ).