NY Court’s Vacature of Rabbinical Arbitration Decision Ripe For Appeal
January 22, 2009
Mitchell Rubenstein, Senior Counsel at NYS United Teachers and an adjunct professor at St. John’s Law School, has some interesting comments on this recent King’s County Supreme Court decision to vacate a rabbinical court arbitration decision in an employment matter.
In Brisman v. HAFTR, a teacher was fired. Claiming wrongful termination, both sides agreed to arbitrate the matter in the rabbinical court, Beth Din of America. The rabbinical court made its decision and the school appealed it. For more details on why the New York court vacated the arbitrator’s decision, you can read the details, quoted from the New York Law Journal, on the Adjunct Law Prof Blog’s post on the subject.
According to Mr. Rubenstein, this case is ripe for appeal, should Mr. Brisman decide to take it to the Appellate Division because the court innappropriately reviewed the merits of the arbitrator’s decision (a big no-no) and also because it got involved in matters of religoius law, another big no-no.
Update 2/19/10: Judge Balter’s vacature of the arbitration decree has be overturned!
Picture courtesy of thomasmoore.org