Smith v. New York City Department of Education

Order, Supreme Court, New York County (Alice Schlesinger, J.), entered May 13, 2008, which granted the petition to vacate *556a December 4, 2007 arbitration award finding petitioner guilty of numerous disciplinary charges and suspending him for one year without pay, and remanded the matter for a new arbitration hearing, unanimously reversed, on the law, without costs, the award reinstated, and the petition dismissed. The Clerk is directed to enter judgment accordingly.

The fact that a replacement arbitrator, who was not present during the receipt of evidence, made the arbitration award based on a…