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MATTER OF DIKOVSKIY v. NEW YORK CITY BD. OF EDUC.

5433, 652135/15.

157 A.D.3d 501 (2018)

69 N.Y.S.3d 600

2018 NY Slip Op 00231

In the Matter of GENNADIY DIKOVSKIY, Respondent, v. NEW YORK CITY BOARD OF EDUCATION, Doing Business as NEW YORK CITY DEPARTMENT OF EDUCATION, et al., Appellants.

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

Decided January 11, 2018.

Where, as here, the parties have submitted to compulsory arbitration, the hearing officer's determination must be in accord with due process, supported by adequate evidence, and rational, and must not be arbitrary and capricious (see Matter of Asch v New York City Bd./Dept. of Educ., 104 A.D.3d 415, 418-419 [1st Dept 2013]).

The motion court properly concluded that the hearing...

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