MATTER OF N.Y. STATE LAW ENFORCEMENT OFFICERS UNION (NYS)


255 A.D.2d 54 (1999)

694 N.Y.S.2d 170

In the Matter of the Arbitration between New York State Law Enforcement Officers Union, Council 82, AFSCME, AFL-CIO, et al., Respondents, and State of New York et al., Appellants

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

April 29, 1999


Attorney(s) appearing for the Case

Eliot Spitzer, Attorney General, Albany (Denise A. Hartman of counsel), for appellants.

Hite & Casey, Albany (Lise Gelernter of counsel), for respondents.

MIKOLL, J. P., and MERCURE, J., concur with CREW III, J.; PETERS and CARPINELLO, JJ., dissent in a separate opinion by PETERS, J.


CREW III, J.

Petitioner Edward Kuhnel, a correction officer employed by respondent Department of Correctional Services (hereinafter DOCS) at Eastern Correctional Facility in Ulster County, was suspended without pay on December 12, 1996 for flying a Nazi flag from the front porch of his home in the Town of Marbletown, Ulster County. The notice of discipline charged Kuhnel with violating those sections of the employee...

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