MATTER OF KENNER v. COUGHLIN


105 A.D.2d 1130 (1984)

In the Matter of Harrison Kenner, Appellant, v. Thomas Coughlin, III, as Commissioner of State of New York Department of Correctional Services, et al., Respondents

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

November 7, 1984


Judgment unanimously affirmed, without costs.

Memorandum:

Petitioner instituted this CPLR article 78 proceeding to compel respondents to reinstate him to his position as a correctional officer at Attica. Although he was terminated after arbitration pursuant to a collective bargaining agreement, he claims that his dismissal is reviewable in an article 78 proceeding because the arbitrator based his determination on a criminal charge against petitioner which...

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