MATTER OF CHAPLIN v. NEW YORK CITY DEPARTMENT OF EDUCATION


48 A.D.3d 226 (2008)

850 N.Y.S.2d 425

In the Matter of MARILYN CHAPLIN, Appellant, v. NEW YORK CITY DEPARTMENT OF EDUCATION, Respondent.

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

Decided February 5, 2008.


Petitioner's argument that the award should be vacated because the arbitrator failed to adjourn the penalty phase of the hearing (Education Law § 3020-a [4] [a]) until after petitioner's appeal has not been preserved (see Matter of Bevona [Alma Realty], 201 A.D.2d 309 [1994]). Although petitioner sought and obtained stays of the arbitration proceeding in order to permit the criminal trial to take place prior to the hearing,...

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