ARTIFICIAL INTELLIGENCE [AI] IS NOT USED IN COMPOSING NYPPL SUMMARIES OF JUDICIAL AND QUASI-JUDICIAL DECISIONS.

Oct 28, 2025

The New York City Office of Administrative Trials and Hearing is seeking qualified applicants for appointment Supervising Law Clerk and for Contract Dispute Resolution Board Panelists

The New York City Office of Administrative Trials and Hearing [OATH] Trials Division is seeking a Supervising Law Clerk to head OATH's legal research unit and Supervise OATH's Law Clerks. 

The Supervising Law Clerk position requires admission to the New York State Bar. Experience handling highly complex and significant legal work is a plus. Incumbents must remain members of the New York State Bar in good standing for the duration of this employment. This position promotes access to justice in New York City. For more details visit https://cityjobs.nyc.gov/ and search for Job ID 720154 (Supervising Law Clerk)

Other positions currently available with OATH include Contract Dispute Resolution Board Panelists. 

OATH is accepting applications from qualified persons who would like to serve on Contract Dispute Resolution Board [CDRB] panels. CDRB panels hear the final appeal in a three-step dispute resolution process contained in City contracts for construction, goods and services. 

Each CDRB panel consists of an OATH Administrative Law Judge, as chair, a representative of the Mayor’s Office of Contract Services, and a third member selected from a pre-qualified roster of individuals, established and administered by OATH, who has appropriate expertise and is unaffiliated and not employed by the City.

Those interested in being added to the roster of pre-qualified individuals are encouraged to apply. Applicants should have a background and experience in government contracting, construction, engineering or related law. 

The application form, as well as more information on the panelist role, can be found by clicking here. Completed applications should be sent via e-mail to the OATH Trials Division Law Clerks, LawClerks@oath.nyc.gov.

Oct 27, 2025

Continuing Legal Education program offered by New York City's Office of Administrative Trials and Hearings

The Trials Division of New York City's Office of Administrative Trials and Hearings [OATH] will offer a Continuing Education program focusing on Rules and Ethical issued in administrative proceeding before OATH.

The program will be presented by Administrative Law Judges Kevin Casey, Julia Davis, Faye Lewis, and Christine Stecura.

The program’s first half will provide an overview of the rules and best practices for appearing at OATH’s Trials Division. The program’s second half will review relevant sections of the New York Rules of Professional Conduct and related ethics opinions and their impact on practitioners who appear before OATH’s Trials Division.

This free program will give participants 1.0 CLE credit in Areas of Professional Practice and 1.0 CLE credit in Ethics and Professionalism (transitional/non-transitional).

Pre-registration is required. Click here to register.


 

A Petitioner seeking to vacate an arbitration award must meet a high burden in order to have a court grant a motion to vacate the award

Supreme Court granted Petitioner law firm's motion to confirm an arbitration award granting it $297,150.91 in unpaid legal fees, and denied the Respondents' motion to vacate the arbitration award. 

Citing CPLR 7511[b][1] and Matter of D.P.I. Imports, Inc v Q4 Designs, LLC, 232 AD3d 512, leave to appeal denied, 43 NY3d 903, the Appellate Division unanimously affirmed Supreme Court's ruling, explaining that the Respondents failed to meet the "high burden" placed on it in order to have a court grant its motion to vacate the arbitration award at issue.

The decision notes that the record "does not show that the arbitrator engaged in fraud, corruption or misconduct by refusing to hear pertinent and material evidence, or that he manifestly disregarded the law in finding that [Respondents] breached the retainer agreement and were otherwise liable for the unpaid legal fees based on the equitable theories of recovery."

In the words of the Appellate Division, "A court will not set aside an arbitrator's award for errors of law or fact unless the award is so irrational as to require vacatur, which is not the case here."

Click HERE to access the Appellate Division's decision posted on the Internet.

Editor in Chief Harvey Randall served as Director of Personnel, State University of New York Central Administration; Director of Research, Governor's Office of Employee Relations; Principal Attorney, Counsel's Office, New York State Department of Civil Service; and Colonel, JAG, Command Headquarters, New York Guard. 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 posted to this blog is presented with the understanding that neither the publisher nor NYPPL and, or, its staff and contributors are providing legal advice to the reader and in the event legal or other expert assistance is needed, the reader is urged to seek such advice from a knowledgeable professional.

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Subsequent court and administrative rulings, or changes to laws, rules and regulations may have modified or clarified or vacated or reversed the information and, or, decisions summarized in NYPPL. For example, New York State Department of Civil Service's Advisory Memorandum 24-08 reflects changes required as the result of certain amendments to §72 of the New York State Civil Service Law to take effect January 1, 2025 [See Chapter 306 of the Laws of 2024]. Advisory Memorandum 24-08 in PDF format is posted on the Internet at https://www.cs.ny.gov/ssd/pdf/AM24-08Combined.pdf. Accordingly, the information and case summaries should be Shepardized® or otherwise checked to make certain that the most recent information is being considered by the reader.
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