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March 09, 2016

Employee has the burden of proving alleged misconduct by the arbitrator prejudiced his or her rights or the integrity of the process


Employee has the burden of proving alleged misconduct by the arbitrator prejudiced his or her rights or the integrity of the process
Collazo v Suffolk County, 2016 NY Slip Op 01321, Appellate Division, Second Department

Maria Callazo initiated an Article 75 CPLR proceeding in Supreme Court seeking to vacate an arbitration award that recommended certain disciplinary action be taken against her with respect to her employment with the County. The Appellate Division affirmed Supreme Court’s dismissal of Callazo’s petition.

Contrary to the Callazo's contention, the Appellate Division said that Supreme Court correctly determined that Callazo “failed to show by clear and convincing evidence that any misconduct on the part of the arbitrator prejudiced her rights or the integrity of the arbitration process.” In addition, the Appellate Division noted that the disciplinary charges filed against her were timely served within 18 months of her alleged misconduct in connection with her employment.

The decision is posted on the Internet at:
http://www.nycourts.gov/reporter/3dseries/2016/2016_01321.htm
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