Practice point: When a replacement arbitrator makes an award based on a review of the record, petitioner is not denied due process.
Practitioners should note that when the replacement was assigned because petitioner issued threats to the original arbitrator, petitioner will not be given a de novo hearing.
Case: Matter of Smith v. New York City Dept. of Educ., NY Slip Op 08493 (1st Dept. 2009)
The opinion is here.
Tomorrow’s issue: Evidence.
