Since respondent medical arbitrator complied with the LODI review provisions of the collective bargaining agreement between respondent union, of which petitioner is a member, and respondent Department of Education (DOE) (see CPLR 7506), petitioner failed to demonstrate a violation of due process. Petitioner waived any objection to the process by participating fully in the review (CPLR 7506[f]). The arbitrator's determination was not arbitrary and capricious, but was...
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