| Matter of Port Auth. of N.Y. & N.J. v Union of Auto. Technicians |
| 2015 NY Slip Op 05114 [129 AD3d 525] |
| June 16, 2015 |
| Appellate Division, First Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| In the Matter of Port Authority of New York and New
Jersey, Appellant, v The Union of Automotive Technicians, 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 AD3d 424 [1st Dept 2014], lv denied 24 NY3d 916 [2015]; Matter of Port Auth. of N.Y. & N.J. v Port Auth. Police Lieutenants Benevolent Assn., 124 AD3d 473 [1st Dept 2015]; Matter of Port Auth. of N.Y. & N.J. v Port Auth. Police Sergeants Benevolent Assn., 124 AD3d 475 [1st Dept 2015]). Concur—Mazzarelli, J.P., Sweeny, Andrias, Saxe and Richter, JJ.