In re the Arbitration between Klikocki & New York Department of Corrections

Appeal from an order of the Supreme Court (Keniry, J.), entered May 11, 1994 in Saratoga County, which, upon reconsideration, granted petitioner’s application pursuant to CPLR 7511 to vacate an arbitration award.

At issue on this appeal is whether petitioner submitted sufficient evidence of fraud to warrant vacatur of the arbitration award pursuant to CPLR 7511 (b) (1) (i). Petitioner contends that respondent fraudulently destroyed a record which would have been a key piece of evidence in the arbitration. We find insufficient evidence of fraud and reverse Supreme Court’s order.

The arbitration…