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MATTER OF MILLER v. CITY OF NEW YORK

8225. 100362/16.

168 A.D.3d 600 (2019)

93 N.Y.S.3d 42

2019 NY Slip Op 00558

In the Matter of Adam Miller, Appellant, v. City of New York et al., Respondents.

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

Decided January 29, 2019.

The arbitrator's determination that petitioner said, "I'm going to knife you," made gestures of using a knife, and threatened to "tear [a supervisor] apart" in litigation rested primarily on a credibility determination, which is "largely unreviewable" (Lackow v Department of Educ. [or "Board"] of City of N.Y., 51 A.D.3d 563, 568 [1st Dept 2008]). The arbitrator credited the supervisor's testimony because it was corroborated by, and...

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