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MATTER OF RIZZO v. NEW YORK STATE DEP'T OF CORR. SERVS.

244 A.D.2d 947 (1997)

665 N.Y.S.2d 483

In the Matter of Charles Rizzo, Respondent, v. New York State Department of Correctional Services, Appellant

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

November 19, 1997

Order unanimously affirmed without costs.

Memorandum:

Respondent appeals from an order confirming an arbitrator's award and dismissing its cross petition to vacate the award. Petitioner was served with a notice of discipline advising him that he was terminated from his position as a correction officer based upon his assault of an inmate. Petitioner filed a grievance, which resulted in an arbitrator's determination that he had not assaulted the inmate and must...

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