City of New York v. Organization of Staff Analysts
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
*449Order and judgment (one paper), Supreme Court, New York County (Barbara Jaffe, J.), entered October 27, 2011, which denied petitioners’ motion to vacate an arbitration award and granted respondents’ cross motion to confirm, unanimously affirmed, without costs.
The penalty imposed by an arbitrator should be affirmed, unless it shocks the conscience (Matter of Waldren v Town of Islip, 6 NY3d 735 [2005]). Here, the imposition of a one year suspension, rather than termination, where the employee accessed the personnel files of two coworkers does not “shock the conscience.” While it is true that an…
2Cases cited4 opinions
- United Federation of Teachers, Local 2 v. Board of EducationNew York Court of Appeals · 2003
- Waldren v. Town of IslipNew York Court of Appeals · 2005
- Social Services Employees Union, Local 371 ex rel. Robinson v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2011
- In re the Arbitration between Binghamton City School District & PeacockAppellate Division of the Supreme Court of the State of New York · 2007