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December 30, 2011

Failure to preserve “First Amendment” argument in the course of arbitration bars appeal on that ground

Failure to preserve “First Amendment” argument in the course of arbitration bars appeal on that ground
Matter of Adolphe v New York City Bd. of Educ., 2011 NY Slip Op 08203, Appellate Division, First Department
           
The Appellate Division ruled that Marsiste Adolphe improperly raised his First Amendment argument for the first time in his petition appealing an arbitration award before the court because he failed to preserve his First Amendment claim in the arbitration proceding. Further, said the court, were it to consider his First Amendment argument, “we would find it without merit.”

As to Adolphe’s claim that the hearing officer's decision was based on mistakes of law and a disregard of the evidence, the Appellate Division held that such an argument “is unavailing,” as these are not grounds for vacating an arbitration award set out in Article 75 of the CPLR.

The decision is posted on the Internet at:
http://www.courts.state.ny.us/reporter/3dseries/2011/2011_08203.htm

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