March 18, 2022

Evidence claim to have been concealed will be deemed irrelevant absent a showing it is material to resolving the arbitration

In this CPLR Article 75 action challenging a disciplinary arbitration award resulting in the termination of the Petitioner from his employment by the City of New York, the Appellate Division found that the Petitioners failed to meet their burden of "establishing, by clear and convincing evidence, the existence of fraud or misconduct sufficient to warrant vacatur of the arbitration award under CPLR 7511(b)(1)(i)."

Although the Petitioners' claimed that there was intentionally concealed video evidence present in the course of the arbitration, the Appellate Division opined that Petitioners failed to demonstrate that the alleged concealed video evidence was "materially related to an issue in arbitration" as the arbitrator had determined that the testimony given at the hearing was sufficient to sustain the employee's guilt and the imposition of the penalty of termination.

Click HERE to access the Appellate Division's decision.

CAUTION

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 DOES NOT CREATE AN ATTORNEY-CLIENT RELATIONSHIP.
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 in this blog is presented with the understanding that neither the publisher nor members of the staff are providing legal advice to the reader and in the event legal or other expert assistance is needed, the reader is advised to seek such advice from a competent professional.