New York Supreme Court June 28, 2011 (Asch v. New York City Board/Department of Education)

OPINION OF THE COURT

Manuel J. Mendez, J.

It is ordered and adjudged that the petition, seeking to vacate, and set aside the arbitrator’s decision pursuant to CPLR 7511, and Education Law § 3020-a (5), is granted. The cross motion made in lieu of an answer, seeking to dismiss the petition pursuant to CPLR 404 (a), 3211 (a) (5) and (7) and 7511 is denied.