STEVENSON v. NY CORRECTIONAL


5 Misc.3d 421 (2004)

781 N.Y.S.2d 599

In the Matter of ATIBA STEVENSON, Petitioner, v. STATE OF NEW YORK DEPARTMENT OF CORRECTIONAL SERVICES, Respondent.

Supreme Court, Albany County.

August 11, 2004.


Attorney(s) appearing for the Case

Eliot Spitzer, Attorney General, Albany (Jeffrey P. Mans of counsel), for respondent.

James L. Franklin, New York City, for petitioner.


OPINION OF THE COURT

LOUIS C. BENZA, J.

Respondent moves to dismiss petitioner's CPLR article 75 application staying a demand for an arbitration hearing and dismissing charges against petitioner. Petitioner's application is based on respondent's failure to comply with certain provisions of the parties' collective bargaining agreement.

Petitioner is employed as a correction officer for respondent. After...

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