IN RE: (2020)

Case No.2018–5173

Robert T. Reilly, New York (Michael J. Del Piano of counsel), for appellant.

James E. Johnson, Corporation Counsel, New York (Jonathan Popolow of counsel), for respondents.

Order, Supreme Court, New York County (Carmen Victoria St. George, J.), entered April 25, 2018, which vacated an arbitration award rendered in respondent Michael Canick's favor, unanimously affirmed, without costs.

Clear and convincing evidence supports the court's finding of bias on the part of the hearing officer against petitioner warranting vacatur of the award rendered in respondent Canick's favor (see CPLR 7511[b][1][ii];  see Matter of Piller v. Eisner, 173 AD3d 1035, 1036–1037 [2d Dept 2019] ).  Among other things, the hearing officer made findings against petitioner that were either entirely unsupported or directly refuted by the record, repeatedly interrupted petitioner's examination of witnesses, repeatedly reminded witnesses that respondent's job was at stake, assisted respondent's counsel in cross-examining witnesses, and refused to permit petitioner's counsel to make a record.

We have considered respondent's remaining contentions and find them unavailing.