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

Index No. 655932/18. Appeal No. 13367. Case No. 2020-02012.

192 A.D.3d 513 (2021)

140 N.Y.S.3d 412

2021 NY Slip Op 01514

In the Matter of Ashley McMikle, Appellant, v. Department of Education of the City of New York et al., Respondents.

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

Decided March 16, 2021.


Attorney(s) appearing for the Case

Stewart Lee Karlin Law Group, P.C., New York ( Stewart Lee Karlin of counsel), for appellant.

James E. Johnson , Corporation Counsel, New York ( Susan Paulson of counsel), for respondents.

Concur—Manzanet-Daniels, J.P., Mazzarelli, Mendez, Shulman, JJ.


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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