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MEEHAN v. CMTY. COLL.

243 A.D.2d 12 (1998)

676 N.Y.S.2d 178

In the Matter of John T. Meehan, Appellant, v. Nassau Community College, Respondent. (Proceeding No. 1.) In the Matter of Nassau Community College, Respondent, v. John T. Meehan, Appellant. (Proceeding No. 2.)

Appellate Division of the Supreme Court of the State of New York, Second Department.

June 8, 1998

Attorney(s) appearing for the Case

Pryor, Cashman, Sherman & Flynn, New York City (Richard M. Betheil and Tina C. Kremenezky of counsel), for appellant.

Ingerman Smith, L. L. P., Northport (John H. Gross and Neil M. Block of counsel), for respondent.

PIZZUTO, FRIEDMANN and McGINITY, JJ., concur.

BRACKEN, J. P.

These two proceedings present a common issue, to wit, whether an arbitration award issued by a tripartite board of arbitrators is subject to vacatur pursuant to CPLR 7511 (b) (1) on the ground that one of the two party-designated arbitrators had direct personal knowledge of the disputed facts and gave testimony with respect thereto. We hold that the CPLR does not authorize vacatur on this ground...

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