IN RE: Joseph Relyea (2012)

Argued—December 15, 2011

DECISION & ORDER

In a proceeding pursuant to CPLR article 78 to review a determination of the Metropolitan Transportation Authority dated November 7, 2007, which denied the petitioner's application for a disability pension, the petitioner appeals from a judgment of the Supreme Court, Kings County (Solomon, J.), dated October 22, 2010, which, without a hearing, denied the petition and, in effect, dismissed the proceeding.

ORDERED that the judgment is affirmed, with costs.

“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, quoting Matter of Peckham v. Calogero, 12 NY3d 424, 431;  see Matter of Pell v Board of Educ. of Union Free School Dist. No. 1 of Towns of Scarsdale & Mamaroneck, Westchester County, 34 N.Y.2d 222, 232), or where it is “arbitrary and capricious” (Matter of Deerpark Farms, LLC v Agricultural & Farmland Protection Bd. of Orange County, 70 AD3d 1037, 1038;  see Matter of Ignizio v. City of New York, 85 AD3d 1171, 1174).   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.P.J., ANGIOLILLO, BALKIN and CHAMBERS, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court