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MATTER OF DAVIS v. NEW YORK CITY BOARD/DEPARTMENT OF EDUCATION

695, 101073/13.

137 A.D.3d 716 (2016)

2016 NY Slip Op 02544

In the Matter of ALICIA DAVIS, Appellant, v. NEW YORK CITY BOARD/DEPARTMENT OF EDUCATION, Respondent.

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

Decided March 31, 2016.

Education Law § 3020-a (5) limits judicial review of a hearing officer's determination to the grounds set forth in CPLR 7511. Where, as here, the parties are subject to compulsory arbitration, the award must also comport with due process and cannot be arbitrary and capricious (see City School Dist. of the City of N.Y. v McGraham, 17 N.Y.3d 917, 919 [2011]; Matter of Brito v Walcott, 115 A.D.3d 544

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