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MATTER OF LOPEZ v. CITY OF NEW YORK

10848.

180 A.D.3d 465 (2020)

115 N.Y.S.3d 670

2020 NY Slip Op 00976

In the Matter of Perry Lopez, Appellant, v. City of New York et al., Respondents.

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

Decided February 11, 2020.

The arbitrator's decision has a rational basis and is supported by the evidence (see Lackow v Department of Educ. [or "Board"] of City of N.Y., 51 A.D.3d 563, 567-568 [1st Dept 2008]). The record shows that the arbitrator reasonably determined that petitioner was guilty of misconduct when he locked a 10-year old student out of the classroom and left him unsupervised in the hallway. Even if petitioner was justified in removing the...

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