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MATTER OF MORAN v. NEW YORK CITY TRANSIT AUTHORITY

45 A.D.3d 484 (2007)

846 N.Y.S.2d 162

In the Matter of DAVID MORAN, Appellant, v. NEW YORK CITY TRANSIT AUTHORITY, Respondent.

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

Decided November 27, 2007.

Petitioner failed to meet his heavy burden of showing arbitrator misconduct or partiality by clear and convincing proof (see CPLR 7511 [b] [1] [i], [ii]; Matter of Dember Constr. Corp. [New York Univ.], 190 A.D.2d 537 [1993]). His claim that the arbitrator fell asleep during critical portions of the proceeding was contradicted by respondent's counsel, and there is no indication in...

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