MATTER OF KLIKOCKI


216 A.D.2d 808 (1995)

628 N.Y.S.2d 876

In the Matter of the Arbitration between Walter E. Klikocki, Respondent, and New York Department of Corrections, Mount McGregor, Appellant

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

June 29, 1995


Casey, J.

At issue on this appeal is whether petitioner submitted sufficient evidence of fraud to warrant vacatur of the arbitration award pursuant to CPLR 7511 (b) (1) (i). Petitioner contends that respondent fraudulently destroyed a record which would have been a key piece of evidence in the arbitration. We find insufficient evidence of fraud and reverse Supreme Court's order.

The arbitration arose out of respondent's determination to discharge...

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