IN THE MATTER OF STEVENSON


21 A.D.3d 1202 (2005)

801 N.Y.S.2d 632

In the Matter of Arbitration between ATIBA STEVENSON, Appellant, and STATE OF NEW YORK DEPARTMENT OF CORRECTIONAL SERVICES, Respondent.

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

September 22, 2005.


Peters, J.

Petitioner, a correction officer, was arrested on December 30, 2003 and a notice of discipline was served on him the following day. He filed a disciplinary grievance and, when it was not satisfactorily resolved at the agency level, requested arbitration. The arbitrator was appointed on February 17, 2004 and scheduled a hearing for March 29, 2004. Thereafter, respondent requested petitioner to consent to the postponement of the hearing, but petitioner refused...

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