MATTER OF BERKLEY v. NEW YORK CITY DEPT. OF EDUC.

6025 650648/16.

159 A.D.3d 525 (2018)

74 N.Y.S.3d 1

2018 NY Slip Op 01669

In the Matter of NOAH BERKLEY, Appellant, v. NEW YORK CITY DEPARTMENT OF EDUCATION, Respondent.

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

Decided March 15, 2018.


The standard of review mandated by Education Law § 3020-a (5) (a) is that of CPLR article 75, which provides that an arbitration award may be vacated only on a showing of "misconduct, bias, excess of power or procedural defects" (City School Dist. of the City of N.Y. v McGraham, 75 A.D.3d 445, 449 [1st Dept 2010], affd 17 N.Y.3d 917 [2011]; see CPLR 7511 [b]). This Court has...

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