Matter of Jordan v Human Resources Admin. City of N.Y.
2010 NY Slip Op 08575 [78 AD3d 947]
November 16, 2010
Appellate Division, Second Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, January 19, 2011


In the Matter of Jerome E. Jordan, Respondent,
v
Human Resources Administration City of New York, Appellant.

—[*1] Michael A. Cardozo, Corporation Counsel, New York, N.Y. (Pamela Seider Dolgow, Suzanne K. Colt, and Elizabeth S. Natrella of counsel), for appellant.

In a proceeding pursuant to CPLR article 75 to vacate an arbitration award dated February 6, 2008, the appeal is from an order of the Supreme Court, Kings County (F. Rivera, J.), dated July 7, 2009, which, inter alia, granted the petition and vacated the award.

Ordered that the order is reversed, on the law, with costs, the petition is denied, the arbitration award is reinstated, and the proceeding is dismissed.

Contrary to the Supreme Court's determination, under the circumstances here, the fact that the arbitration hearing was not transcribed did not provide a basis for vacating the arbitration award (see CPLR 7511 [b]; 61 RCNY 1-06 [g]; Matter of Simon v New York State Off. of Parks, Recreation, & Historic Preserv., 303 AD2d 413 [2003]; Matter of New York State Correctional Officers & Police Benevolent Assn. [New York State Dept. of Correctional Servs.], 304 AD2d 954 [2003]). Further, the petitioner failed to establish any grounds for vacating the arbitration award (see CPLR 7511 [b]). Rivera, J.P., Angiolillo, Roman and Sgroi, JJ., concur.