Search for: "Kowaleski, Appeal of"
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23 Dec 2010, 9:05 am
Kowaleski v. [read post]
21 Dec 2010, 9:00 pm
Matter of Kowaleski, ____N.Y.3d___(December 21, 2010), is a rare, very rare, NYS Court of Appeals decision vacating an arbitration. [read post]
10 Feb 2010, 3:40 am
That statute, commonly referred to as the Whistleblower's Law, provides that an employee may assert the claim of retaliation in the context of an arbitration proceeding involving adverse personnel action and that "[t]he arbitrator shall consider such claim and determine its merits" (Civil Service Law §75-b [3] [b]).Although the Appellate Division held that the arbitrator incorrectly stated that it was beyond his jurisdiction to consider Kowaleski's claim of… [read post]
7 Apr 2009, 4:57 am
That statute, commonly referred to as the Whistleblower's Law, provides that an employee may assert the claim of retaliation in the context of an arbitration proceeding involving adverse personnel action and that "[t]he arbitrator shall consider such claim and determine its merits" (Civil Service Law §75-b [3] [b]).Although the Appellate Division held that the arbitrator incorrectly stated that it was beyond his jurisdiction to consider Kowaleski's claim of… [read post]
23 Dec 2010, 4:36 am
Because he failed to consider and determine the defense, the court ruled that the award must be vacated.Finally, the Court of Appeals noted the Kowaleski has requested that any rehearing be before a different arbitrator. [read post]
18 Aug 2014, 8:41 am
Kowaleski (Injunction; "This appeal arises from a dispute between owners of adjoining commercial properties over the use of a driveway. [read post]
22 Dec 2010, 1:48 pm
Finally, the Court of Appeals noted the Kowaleski has requested that any rehearing be before a different arbitrator. [read post]
15 May 2023, 6:00 am
The Supreme Court denied the petition, dismissed the proceeding and Plaintiff appealed. [read post]
15 May 2023, 6:00 am
The Supreme Court denied the petition, dismissed the proceeding and Plaintiff appealed. [read post]
21 Jul 2020, 4:00 am
The Board filed a timely appeal challenging the Supreme Court's ruling.The Appellate Division affirmed the Supreme Court's decision, opining that judicial review of arbitration awards is extremely limited. [read post]
21 Jul 2020, 12:00 am
The Board filed a timely appeal challenging the Supreme Court's ruling.The Appellate Division affirmed the Supreme Court's decision, opining that judicial review of arbitration awards is extremely limited. [read post]
28 Jun 2016, 4:30 am
”* In Kowaleski v New York State Dept. of Correctional Servs., 16 NY3d 85, the Court of Appeals held that an arbitrator’s refusal to hear an employee’s “whistle blower” defense in the course of disciplinary hearing required the vacating of the award.The decision is posted on the Internet at:http://www.nycourts.gov/reporter/3dseries/2016/2016_04807.htm [read post]
11 Jan 2019, 4:00 am
When, said the Appellate Division, "his [or her] award violates a strong public policy, is irrational or clearly exceeds a specifically enumerated limitation on the arbitrator's power", citing Kowaleski, 16 NY3d at 90 [also see Matter of Town of Tonawanda [Town of Tonawanda Salaried Workers Assn.], 160 AD3d 1477, leave to appeal denied 32 NY3d 908].Outside of these narrowly circumscribed exceptions, courts lack authority to review arbitral… [read post]
11 Jan 2019, 4:00 am
When, said the Appellate Division, "his [or her] award violates a strong public policy, is irrational or clearly exceeds a specifically enumerated limitation on the arbitrator's power", citing Kowaleski, 16 NY3d at 90 [also see Matter of Town of Tonawanda [Town of Tonawanda Salaried Workers Assn.], 160 AD3d 1477, leave to appeal denied 32 NY3d 908].Outside of these narrowly circumscribed exceptions, courts lack authority to review arbitral… [read post]
22 Jan 2019, 4:00 am
** Citing Matter of Kowaleski [New York State Dept. of Correctional Servs.], 16 NY3d 85, the Appellate Division observed that "Even where an arbitrator has made an error of law or fact, courts generally may not disturb the arbitrator's decision".The decision is posted on the Internet at:http://www.nycourts.gov/reporter/3dseries/2019/2019_00340.htm [read post]
