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MATTER OF MILLER v. NEW YORK STATE DEP'T OF MENTAL HYGIENE

70 A.D.2d 938 (1979)

In the Matter of Emmett Miller, Respondent, v. New York State Department of Mental Hygiene et al., Appellants, et al., Respondent

Appellate Division of the Supreme Court of the State of New York, Second Department.

June 18, 1979

Judgment reversed, on the law, without costs or disbursements, proceeding dismissed and the arbitrator's award is reinstated.

We note that the arbitrator's award which found the filing of petitioner's grievance to be untimely was improperly challenged under CPLR article 78 rather than article 75. CPLR article 75, however, does not provide a basis for disturbing the award in issue. The decision of the arbitrator concerning the timeliness of the filing of the grievance...

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