New York Court of Appeals, 1980

In re the Arbitration Between Kornit & Plainview-Old Bethpage Central School District

New York Court of Appeals · Decided March 20, 1980 · Cooke and Judges Jasen, Gabrielli, Jones, Wachtler, Fuchsberg and Meyer Concur in Memorandum

49 N.Y.2d 842; 404 N.E.2d 1327; 427 N.Y.S.2d 786; 1980 N.Y. LEXIS 2207

Cases that cite this one

11 later published cases cite this decision.

Questrom v. Federated Department Stores, Inc. (District Court, S.D. New York 2000)
Aideyan v. Mount Vernon City Sch. Dist. (Appellate Division of the Supreme Court of New York 2025)
Barber v. Union Carbide Corp. (W. Va. 1983)
Knox v. Poughkeepsie City School District (District Court, S.D. New York 2022)
Matter of Baumann & Sons Buses, Inc. v. Ossining Union Free Sch. Dist. (Appellate Division of the Supreme Court of New York 2014)
Nationwide Mutual Insurance v. Michaels (Appellate Division of the Supreme Court of New York 2006)
Ebercohn-Mauro v. Board of Education of the City School District (Appellate Division of the Supreme Court of New York 2004)
Reilly v. Progressive Insurance (Appellate Division of the Supreme Court of New York 2004)
Wisner Professional Building, Inc. v. Zitone Construction & Supply Co. (Appellate Division of the Supreme Court of New York 1996)
In re the Arbitration between Wagner Stott Clearing Corp. & J.A. Celentano Securities Corp. (Appellate Division of the Supreme Court of New York 1996)
In re the Arbitration between City School District & Oswego Classroom Teachers Ass'n (Appellate Division of the Supreme Court of New York 1984)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be affirmed, with costs.

Even if there were no fatal procedural deficiencies in appellant’s application to vacate the award in arbitration, we agree with the Appellate Division that there is no evidentiary proof in this record of any "appearance of bias” on the part of the arbitrator, to say nothing of proof of actual bias which would be required to warrant a vacatur of the award.

The award was made on January 31, 1978. Appellant’s application for reconsideration was denied by the arbitrator on March 6, 1978. At a meeting held on March 20, 1978 the arbitrator was appointed hearing officer for the school district. There is no evidence to relate this appointment back to the *844 arbitration proceedings or to the award in such a manner as to permit an inference of conflict of interest or bias in favor of the school district, and appellant makes no claim that the award itself was the result of actual bias.

Chief Judge Cooke and Judges Jasen, Gabrielli, Jones, Wachtler, Fuchsberg and Meyer concur in memorandum.

Order affirmed.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.