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January 10, 2018

Concluding that "reasonable minds might disagree" with the arbitrator's determination insufficient to justify a court's vacating or modifying an arbitration award

Concluding that "reasonable minds might disagree" with the arbitrator's determination insufficient to justify a court's vacating or modifying an arbitration award
Bolt v New York City Dept. of Educ., [No. 51 SSM 34]; Matter of Beatty v City of New York, et al., [No. 52 SSM 35 ]; and Matter of Williams v City of New York, et al.,  2018 NY Slip Op 00090, Court of Appeals [No. 53 SSM 36]

In Matter of Bolt v New York City Dept. of Education and Matter of Beatty v City of New York, and Matter of Williams v City of New York, the Court of Appeals reversed the Appellate Division's reversal of the Supreme Court's dismissal of the challenges to the penalty imposed in the course of disciplinary arbitration and reinstated the Supreme Court's determination dismissing of each of the three petitions challenging the arbitration award.

Citing City School Dist. of the City of N.Y. v McGraham, 17 NY3d 917, the Court of Appeals explained that the fact that "reasonable minds might disagree over what the proper penalty should have been does not provide a basis for vacating the arbitral award or refashioning the penalty," and in so doing found that the Appellate Division "exceeded its authority by reweighing the evidence and substituting its judgment for that of the hearing officer."

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