MATTER OF NEW YORK STATE INSPECTION, SEC. & LAW ENFORCEMENT EMPLOYEES, DIST. COUNCIL 82, AFSCME, AFL-CIO


227 A.D.2d 856 (1996)

642 N.Y.S.2d 391

In the Matter of the Arbitration between New York State Inspection, Security and Law Enforcement Employees, District Council 82, AFSCME, AFL-CIO, on Behalf of William Fortier, Appellant, and Department of Correctional Services of the State of New York, Respondent

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

May 16, 1996


Spain, J.

William Fortier was employed by respondent as a correction officer at the Otisville Correctional Facility in Orange County. On January 8, 1994, Fortier was assigned as relief officer to a crew of four inmates involved in a snow plowing operation. At approximately 10:30 A.M. that morning, one of the inmates was assaulted and seriously injured by one of the other correction officers on duty. Fortier was charged by respondent with having witnessed...

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