Tuesday, November 15, 2016

A motion to vacate an arbitration award.

Practice point:  The Appellate Division affirmed the denial of the petition seeking to vacate an arbitration award terminating petitioner's employment and dismissing the article 75 proceeding brought pursuant to CPLR article 75.

 The award is not subject to a heightened level of judicial scrutiny, as it was held pursuant to a voluntarily-entered collective bargaining agreement.  Petitioner failed to demonstrate that the award should be vacated under the applicable standard of review at CPLR 7511[b][1]. Under that standard, courts are not permitted to review an arbitrator's findings of fact, including credibility determinations.

Case:  Matter of Noel v. Bianco, NY Slip Op 07398 (1st Dep't November 10, 2016)

Here is the decision.

Tomorrow's issue:  A motion to dismiss a claim for sexual orientation-based discrimination in violation of the New York City Human Rights Law.