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Petitioner appealed a Supreme Court judgment that confirmed an arbitration award, denying petitioner's application to vacate it. The arbitration involved David H. Jackson, a Youth Division Aide, who was disciplined for punching a juvenile and pushing a coworker, with a proposed penalty of termination. The arbitrator found Jackson guilty but imposed an eight-month suspension, anger management therapy, and a three-month probationary period instead of termination. Petitioner argued the reinstatement violated public policy concerning child protection, citing Executive Law § 501 (12) and Social Services Law § 412-a. The court affirmed, ruling that the public policy exception to arbitration awards is narrow and the cited laws did not absolutely prohibit the arbitrator's devised remedy or mandate termination, nor did the award explicitly violate public policy.
In re the Arbitration between State of New York & Civil Service Employees Ass'n is a workers' compensation case decided in Appellate Division of the Supreme Court of the State of New York. This case addresses legal issues related to compensation claims, benefits, and court rulings.
It is commonly referenced in legal research involving workers' compensation laws in Appellate Division of the Supreme Court of the State of New York.
Full Decision Text1 Pages
Petitioner appealed a Supreme Court judgment that confirmed an arbitration award, denying petitioner's application to vacate it. The arbitration involved David H. Jackson, a Youth Division Aide, who was disciplined for punching a juvenile and pushing a coworker, with a proposed penalty of termination. The arbitrator found Jackson guilty but imposed an eight-month suspension, anger management therapy, and a three-month probationary period instead of termination. Petitioner argued the reinstatement violated public policy concerning child protection, citing Executive Law § 501 (12) and Social Services Law § 412-a. The court affirmed, ruling that the public policy exception to arbitration awards is narrow and the cited laws did not absolutely prohibit the arbitrator's devised remedy or mandate termination, nor did the award explicitly violate public policy.
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