Thursday, March 27, 2014

Compulsory arbitration and the CPLR 78 standard.

Practice point:  Where the parties are subjected to compulsory arbitration, the arbitration award must be in accord with due process and supported by adequate evidence, and must also be rational and satisfy the arbitrary and capricious standards of CPLR article 78.

Student note:  A hearing officer's determinations of credibility are generally not reviewable because the hearing officer was in a position to observe the witnesses and was able to perceive the inflections, the pauses, the glances and gestures that combine to form an impression of either candor or deception.

Case:  Matter of Brito v. Walcott, NY Slip Op 01813 (1st Dept.2014).

Here is the decision.

Tomorrow's issue: Res judicata, and the preclusive effect of summary judgment.