Schwartz v. New York City Department of Education

In a proceeding pursuant to CPLR article 75 to vacate an arbitrator’s award, the petitioner appeals from an order of the Supreme Court, Kings County (Fartnow, J.), dated February 13, 2003, which denied the petition and granted the cross motion to confirm the award.

Ordered that the order is affirmed, with costs.

*673Contrary to the petitioner’s contention, the arbitrator did not exceed his power in purportedly drawing a negative inference from the petitioner’s refusal to testify at the hearing pursuant to Education Law § 3020-a. Indeed, the arbitrator’s award specifically indicated that, since the…