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MATTER OF DEPARTMENT OF EDUC. OF THE CITY OF N.Y. v. CANICK

Index No. 651432/16. Appeal No. 12472N. Case No. 2018-5173.

188 A.D.3d 607 (2020)

132 N.Y.S.3d 767

2020 NY Slip Op 06959

In the Matter of The Department of Education of the City of New York ("DOE") et al., Respondents, v. Michael Canick, Appellant, et al., Respondents.

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

Decided November 24, 2020.

Clear and convincing evidence supports the court's finding of bias on the part of the hearing officer against petitioner warranting vacatur of the award rendered in respondent Canick's favor (see CPLR 7511[b][1][ii]; see Matter of Piller v Eisner, 173 A.D.3d 1035, 1036-1037 [2d Dept 2019]). Among other things, the hearing officer made findings against petitioner that were either entirely unsupported or directly refuted by the record, repeatedly interrupted petitioner...

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