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MATTER OF COUNCIL 82, AFSCME, AFL-CIO

223 A.D.2d 993 (1996)

636 N.Y.S.2d 875

In the Matter of the Arbitration between Council 82, AFSCME, AFL-CIO, on Behalf of Kirk Montgomery, Appellant, and New York State Department of Correctional Services, Respondent

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

January 25, 1996

Casey, J.

Respondent issued a notice of discipline to Kirk Montgomery, a correction officer, notifying him that it intended to dismiss him based upon three allegations of misconduct. A grievance was filed and, following an arbitration hearing, the arbitrator determined that Montgomery was guilty of two of the three charges which alleged that Montgomery used unnecessary and excessive force on an inmate and then...

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