Guidelines followed by the judiciary in adjudicating motions to confirm or deny arbitration awards

In a proceeding pursuant to CPLR Article 75 brought by Petitioner [P] to confirm two arbitration awards, the Respondent [R] cross-petitioned to vacate the awards. Supreme Court confirmed both arbitration awards and denied R's cross-petitions. R appealed the Supreme Court's decisions.

The Appellate Division affirmed Supreme Court's ruling, explaining:

1. Judicial review of arbitration awards is extremely limited and unless the court determines that the arbitration award "violates a strong public policy, is totally irrational, or exceeds a specifically enumerated limitation on the arbitrator's powers," it may not be vacated;

2. The party seeking to vacate an arbitration award bears a "heavy burden" of proving by "clear and convincing evidence" that impropriety by the arbitrator prejudiced that party's rights or impaired the integrity of the arbitration process;

3. Courts are bound by an arbitrator's factual findings, interpretation of the contract and judgment concerning remedies;

4.  A court cannot examine the merits of an arbitration award and substitute its judgment for that of the arbitrator simply because it believes the court's interpretation would be the better one; and

5. Even in circumstances where an arbitrator makes errors of law or fact, courts will not assume the role of overseers to conform the arbitration award to the court's sense of justice.

Finding that R did not contend that the arbitration awards violated public policy or exceeded a specifically enumerated limitation on the arbitrator's powers, nor that the arbitration awards were irrational, the Appellate Division said it agree with the Supreme Court's [1] determination granting P's petition to confirm the awards; [2] the lower court's denying D's cross-petition; and [3] its confirming both of the arbitration awards.

The decision is posted on the Internet at:

http://www.nycourts.gov/reporter/3dseries/2019/2019_03053.htm

Revealing confidential records resulting a youthful offender adjudication distinguished from answering questions about the facts underlying the incident.

The plaintiff, [P], allegedly was injured as a result of a physical altercation with D, the defendant, which had occurred in the hallway of the high school that they both attended at that time.

When, in the course of discovery during the litigation that followed in P's effort to recover damages for personal injuries she had allegedly suffered as the result of certain actions by D, D's attorney refused to produce D, who had been adjudicated a youthful offender, contending that, pursuant to the Criminal Procedure Law §720.35(2) [CPL], the information sought by P was protected by the confidentiality provisions provided by law with respect to adjudications involving youthful offenders.

P then asked Supreme Court to grant her motion to compel D to appear for, and answer questions at, the deposition. The court granted P's motion, denying D's legal guardian's motion for a protective order precluding the deposition of D. D's legal guardian appealed the Supreme Court's decision.

The Appellate Division affirmed the Supreme Court's ruling, explaining that the relevant provisions of law concerning youthful offender status set out in the CPL were the result of  "a legislative desire not to stigmatize youths between the ages of 16 and 19 with criminal records triggered by hasty or thoughtless acts which, although crimes, may not have been the serious deeds of hardened criminals."

The primary advantage of youthful offender treatment, said the court, is "the avoidance of the stigma and practical consequences which accompany a criminal conviction." Further, noted the Appellate Division, CPL §720.35[1] provides that "youthful offender adjudication is not a judgment of conviction for a crime or any other offense" and consistent with "the statutory goal that eligible youths not be stigmatized by a youthful offender adjudication," provides that records relating to the prosecution shall be sealed.

However, opined the Appellate Division, the statutory grant of confidentiality afforded to such official records and the information contained therein "does not extend to the facts underlying the incident which gave rise to the youthful offender adjudication." Thus an eligible youth may not refuse, on grounds of confidentiality, to answer questions about the facts underlying the subject incident, "even though those facts also form the basis of his or her youthful offender adjudication."

The Appellate Division concluded that although D cannot be compelled to divulge the contents of the confidential records underlying her youthful offender adjudication, D can be compelled to answer questions about the facts underlying the incident.

The decision is posted on the Internet at:

http://www.nycourts.gov/reporter/3dseries/2019/2019_03019.htm

May 2019 AELE case notes and publications alert

*** Law Enforcement Liability Reporter ***

This issue has cases on assault and battery: chokeholds, assault and battery: handcuffs, electronic control weapons: stun mode, false arrest/imprisonment: no warrant, false arrest/imprisonment: warrant, firearms related: intentional use, First Amendment, forfeiture proceedings, pursuits: law enforcement, and terrorism and national security issues. View at:
http://www.aele.org/law/2019all05/LR2019MAY.html

*** Fire, Police & Corrections Personnel Reporter ***

This issue has cases on drug screening, First Amendment, handicap/abilities discrimination: accommodation in general, national origin discrimination, pensions, political activity, retaliatory personnel actions, security clearances, and veterans and other preference laws. View at:
http://www.aele.org/law/2019all05/FP2019MAY.html