SUZANNE CARUSO, petres, v. VIRIDIAN NETWORK, LLC Respondents-ap

10524N. SUZANNE CARUSO, petres, v. VIRIDIAN NETWORK, LLC Respondents-ap — Morrison Cohen LLP, New York (Y. David Scharf of counsel), for ap — Harter Secrest & Emery LLP, Buffalo (John G. Horn of counsel), for res ——Order, Supreme Court, New York County (Charles E. Ramos, J.), entered March 14, 2013, which vacated an arbitration award and remanded the matter to a new arbitrator, unanimously modified, on the law, to reinstate the award to the extent it (1) found that petitioner's termination was justified and (2) imposed sanctions against petitioner's counsel for violation of the parties' stipulated confidentiality order, and to vacate the remand, and otherwise affirmed, without costs.

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10524N. SUZANNE CARUSO, petres, v. VIRIDIAN NETWORK, LLC Respondents-ap — Morrison Cohen LLP, New York (Y. David Scharf of counsel), for ap — Harter Secrest & Emery LLP, Buffalo (John G. Horn of counsel), for res ——Order, Supreme Court, New York County (Charles E. Ramos, J.), entered March 14, 2013, which vacated an arbitration award and remanded the matter to a new arbitrator, unanimously modified, on the law, to reinstate the award to the extent it (1) found that petitioner’s termination was justified and (2) imposed sanctions against petitioner’s counsel for violation of the parties’ stipulated confidentiality order, and to vacate the remand, and otherwise affirmed, without costs.

The arbitrator exceeded the scope of his authority by excluding petitioner from certain portions of the arbitration proceedings, over her objection, in violation of Rule 23 of the American Arbitration Association’s Commercial Arbitration Rules (see CPLR 7511[b][iii]; Matter of Council of School Supervisors & Adm’rs, Local 1, Am. Fedn. of School Adm’rs, AFL-CIO v New York City Dept. of Educ., 87 AD3d 883, 884-885 [1st Dept 2011], lv denied 19 NY3d 803 [2012], see also Matter of Salvano v Merrill Lynch, Pierce, Fenner & Smith, 85 NY2d 173, 182 [1995]).

SUZANNE CARUSO, petres, v. VIRIDIAN NETWORK, LLC Respondents-ap

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