Adjunct Law Prof Blog

Editor: Mitchell H. Rubinstein
New York Law School

Saturday, July 30, 2011

Arbitration Award Which Did Not Give Preclusive Effect To Criminal Conviction Vacated

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 [2007], lv dismissed 10 NY3d 826 [2008]). 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[2005]).

Mitchell H. Rubinstein

Arbitration Law | Permalink


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