IN RE: Marsiste ADOLPHE (2011)

Order and judgment (one paper), Supreme Court, New York County (O. Peter Sherwood, J.), entered on or about May 19, 2010, dismissing the petition to vacate an arbitration award dated October 16, 2009, unanimously affirmed, without costs.

Petitioner failed during the arbitration proceeding to preserve his argument that his First Amendment rights were violated.   As a result, and contrary to petitioner's contention on appeal, the issue was improperly raised for the first time in his petition before the court (see Matter of Migdal Plumbing & Heating Corp. [Dakar Devs.], 232 A.D.2d 62, 64, 662 N.Y.S.2d 106 [1997], lv. denied 91 N.Y.2d 808, 669 N.Y.S.2d 261, 692 N.E.2d 130 [1998] ).   Were we to consider this argument, we would find it without merit (see Garcetti v. Ceballos, 547 U.S. 410, 417, 126 S.Ct. 1951, 164 L.Ed.2d 689 [2006] ).

Petitioner's contention that the hearing officer's decision was based on mistakes of law and a disregard of the evidence is unavailing, since these are not grounds for vacating an arbitration award (Matter of Merrill Lynch, Pierce, Fenner & Smith Inc. v. Graef, 34 A.D.3d 220, 823 N.Y.S.2d 387 [2006] ).

Petitioner's remaining contention, that the specifications against him were not brought in accordance with the Education Law, is unpreserved and, in any event, without merit.