Saturday, July 30, 2011
Matter of Social Servs. Employees v. New York City, ____A.D.3d____(1st Dep't. March 29, 2011), is an interesting case. The court vacates the decision of an arbitrator as irrational because he did not give preclusive effect to a criminal conviction. As the court explained:
The arbitrator's failure to give preclusive effect to Robinson's guilty plea of petit larceny was irrational (see Matter of State of N.Y. Off. of Mental Health [New York State Correctional Officers & Police Benevolent Assn., Inc.], 46 AD3d 1269, 1271 , lv dismissed 10 NY3d 826 ). The arbitrator's award places Robinson back into a position where he has the responsibility to voucher property of individuals being brought into a juvenile facility (see City School Dist. of City of N.Y. v Campbell, 20 AD3d 313).
Mitchell H. Rubinstein