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MATTER OF SMITH v. NEW YORK CITY DEPARTMENT OF EDUCATION

1509.

67 A.D.3d 555 (2009)

890 N.Y.S.2d 12

2009 NY Slip Op 08493

In the Matter of THEODORE SMITH, Respondent, v. NEW YORK CITY DEPARTMENT OF EDUCATION, Appellant.

Appellate Division of the Supreme Court of New York, First Department.

Decided November 19, 2009.

The fact that a replacement arbitrator, who was not present during the receipt of evidence, made the arbitration award based on a review of the record, did not deny petitioner due process of law. Due process of law and the concept of a fair hearing "do not require that the actual taking of evidence be before the same [arbitrator] who makes the final determination" (Matter of Gupta v New York State Dept. of Social Servs., 208 A.D.2d 629<...

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