Opinion
October 14, 1997
Appeal from the Supreme Court, Kings County (R. Goldberg, J.),
Ordered that the judgment is affirmed, with costs.
The Supreme Court did not err in vacating that portion of the arbitration award which modified the penalty imposed by the petitioner upon an employee from dismissal to a time-served suspension. The employee's misconduct, which occurred while he was operating a subway train, clearly jeopardized the safety of the passengers. Directing the employee's reinstatement under such circumstances is contrary to public policy and to the petitioner's important statutory responsibility to operate the transit system for the safety of the public ( see, Public Authorities Law § 1204; Matter of New York City Tr. Auth. v. Transport Workers Union, 220 A.D.2d 749; see also, Matter of State Univ. v. Young, 170 A.D.2d 510; Matter of Ford v. Civil Serv. Empls. Assn., 94 A.D.2d 262).
O'Brien, J.P., Santucci, Joy and Altman, JJ., concur.