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.
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NYPPL Blogger 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.
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