MATTER OF NEW YORK STATE LAW ENFORCEMENT OFFICERS UNION, DISTRICT COUNCIL 82, AFSCME, AFL-CIO


34 A.D.3d 1161 (2006)

824 N.Y.S.2d 800

In the Matter of the Arbitration between NEW YORK STATE LAW ENFORCEMENT OFFICERS UNION, DISTRICT COUNCIL 82, AFSCME, AFL-CIO, et al., Appellants, and STATE OF NEW YORK et al., Respondents.

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

Decided November 30, 2006.


Mugglin, J.

Petitioner Glen Looney, a corrections lieutenant employed by respondent Department of Correctional Services, filed a disciplinary grievance after having been dismissed from his employment for having sexual contact with an inmate under his supervision. Following an arbitration hearing, the arbitrator determined that the Department failed to prove beyond a reasonable doubt that the sexual encounter occurred on the date charged in the notice of discipline...

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