Matter of Blasetti v Metropolitan Transp. Auth.
2020 NY Slip Op 06380 [188 AD3d 450]
November 10, 2020
Appellate Division, First Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, December 30, 2020


[*1]
 In the Matter of Joanne Blasetti, Appellant,
v
Metropolitan Transportation Authority et al., Respondents.

Hasapidis Law Offices, Scarsdale (Annette Hasapidis of counsel), for appellant.

Bee Ready Fishbein Hatter & Donovan, LLP, Mineola (Andrew K. Preston of counsel), for respondents.

Judgment (denominated an order), Supreme Court, New York County (Lynn R. Kotler, J.), entered June 19, 2019, denying the petition to annul that portion of the determination of respondent Metropolitan Transit Authority Defined Benefit Pension Plan Board of Managers, dated May 11, 2018, which, after a hearing, denied petitioner's application for accident disability retirement benefits, and dismissing the proceeding brought pursuant to CPLR article 78, unanimously affirmed, without costs.

Respondent's determination was rational and was not arbitrary and capricious (see generally Matter of Pell v Board of Educ. of Union Free School Dist. No. 1 of Towns of Scarsdale & Mamaroneck, Westchester County, 34 NY2d 222, 231 [1974]). Concur—Manzanet-Daniels, J.P., Kapnick, Mazzarelli, Moulton, JJ.