Hoffmann v. Department of Education

In a proceeding pursuant to CPLR article 75 to vacate an arbitration award, the petitioner appeals from an order and judgment (one paper) of the Supreme Court, Kings County (Knipel, J.), dated March 17, 2004, which denied the petition, granted the respondents’ motion to dismiss the proceeding, and dismissed the proceeding.

Ordered that the order and judgment is affirmed, with costs.

Contrary to the petitioner’s contention, the arbitrator did not exceed his power in allowing into evidence prior similar charges against the petitioner which had been dismissed. An arbitrator is not governed by the…