Education Law § 3020-a(5) provides that judicial review of a hearing officer's findings is limited to the grounds set forth in CPLR 7511(b). However, where the parties have submitted to compulsory arbitration, as here, judicial scrutiny is stricter in that the determination must be in accord with due process, supported by adequate evidence, be rational, and not arbitrary and capricious under CPLR article 78 (see City School Dist. of the City of N.Y. v McGraham,
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MATTER OF BLYTHE-BAUGH v. CITY OF NEW YORK
9720, 650246/17.
173 A.D.3d 601 (2019)
100 N.Y.S.3d 866
2019 NY Slip Op 05088
In the Matter of Tamika Blythe-Baugh, Appellant, v. City of New York et al., Respondents.
Appellate Division of the Supreme Court of New York, First Department.https://leagle.com/images/logo.png
Decided June 25, 2019.
Decided June 25, 2019.
Appellate Division of the Supreme Court of New York, First Department.
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