Nov 16

CPLR Article 75 suit to overturn Arbitartor’s decision in Education Law 3020-a proceeding denied

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In this article 75 petition to vacate the determination of an arbitrator FEV which is made pursuant to education law section 3020 – a
The arbitrators’ from that ensued in seven appropriate, with professional, or insubordinate conduct were proven. Accordingly petitioner is civil service law section 75 –b defensive retaliation was unavailing.
Finally the penalty imposed is not so disproportionate to the misconduct has to be shocking to one’s sense of fairness (Pell v Mamaroneck)

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