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MATTER OF CLARKE v. NEW YORK CITY DEPT. OF EDUC.

2204, 652634/13.

144 A.D.3d 500 (2016)

2016 NY Slip Op 07600

40 N.Y.S.3d 763

In the Matter of PALMORE CLARKE, Respondent, v. NEW YORK CITY DEPARTMENT OF EDUCATION, Appellant.

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

Decided November 15, 2016.

The order appealed from should be reversed insofar as it granted the petition without affording respondent the opportunity to serve and file an answer pursuant to CPLR 404 (a), in which it may address allegations that, inter alia, the arbitration award was procured through fraud or misconduct (see Matter of Cline v Donovan, 72 A.D.3d 471 [1st Dept 2010]).

We have considered petitioner's remaining arguments, and find them...

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