MATTER OF CHERRY v. NEW YORK STATE INSURANCE FUND

4725, 109229/09.

83 A.D.3d 446 (2011)

920 N.Y.S.2d 342

In the Matter of STEPHANIE CHERRY, Appellant, v. NEW YORK STATE INSURANCE FUND, Respondent.

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

Decided April 7, 2011.


Petitioner failed to meet her heavy burden of establishing that the arbitration award was irrational, or in violation of any of the grounds enumerated in CPLR 7511 (b) (see Frankel v Sardis, 76 A.D.3d 136, 139-140 [2010]). The record demonstrates that the arbitrator weighed all the relevant evidence, including the testimony of petitioner's coworkers and supervisors, and determined that...

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