Delay in issuing arbitration decision did not constitute misconduct by the arbitrator within the meaning of Article 75 of the CPLR
Squillini v State of New York, App. Div., 248 A.D.2d 391
Michael A. Squillini, a maintenance supervisor, was served with disciplinary charges alleging “theft and deceit.” The arbitrator issued a decision on December 20, in which he found Squillini guilty of the charges and imposed the penalty of dismissal.
Squillini contended that he had agreed to an extension of time for issuing the arbitration award through November 17, but the award was issued more than a month after that. This delay, Squillini said, constituted misconduct by the arbitrator within the meaning of Article 75 of the Civil Practice Law and Rules.
Squillini attempted to vacate the arbitration award alleging misconduct based on the arbitrator’s delay in his issuing the award.
The Appellate Division rejected Squillini’s petition to vacate the award, finding that “the arbitrator’s actions did not constitute misconduct.”
Further, said the court, “the arbitration award ... sustaining the penalty of dismissal from employment for theft and deceit, does not violate a strong public policy and is not irrational.”
Artificial Intelligence [A.I.] is not used, in whole or in part, in the preparation of summaries of judicial and quasi-judicial decisions posted on the Internet by NYPPL.
Subsequent court and administrative rulings, or changes to laws, rules and regulations may have modified or clarified or vacated or reversed the decisions summarized here. Accordingly, these summaries should be Shepardized® or otherwise checked to make certain that the most recent information is being considered by the reader.
THE MATERIAL ON THIS WEBSITE IS FOR INFORMATION ONLY. AGAIN, CHANGES IN LAWS, RULES, REGULATIONS AND NEW COURT AND ADMINISTRATIVE DECISIONS MAY AFFECT THE ACCURACY OF THE INFORMATION PROVIDED IN THIS LAWBLOG. THE MATERIAL PRESENTED IS NOT LEGAL ADVICE AND THE USE OF ANY MATERIAL POSTED ON THIS WEBSITE, OR CORRESPONDENCE CONCERNING SUCH MATERIAL, DOES NOT CREATE AN ATTORNEY-CLIENT RELATIONSHIP.
New York Public Personnel Law Blog Editor Harvey Randall served as Principal Attorney, New York State Department of Civil Service; Director of Personnel, SUNY Central Administration; Director of Research, Governor’s Office of Employee Relations; and Staff Judge Advocate General, New York Guard. Consistent with the Declaration of Principles jointly adopted by a Committee of the American Bar Association and a Committee of Publishers and Associations, the material posted to this blog is presented with the understanding that neither the publisher nor members of the NYPPL staff are providing legal advice to the reader and in the event legal or other expert assistance is needed, the reader is urged to seek such advice from a knowledgeable professional.
Copyright 2009-2023 - Public Employment Law Press. Email: firstname.lastname@example.org.