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MATTER OF STATE OF NEW YORK OFFICE OF MENTAL HEALTH

46 A.D.3d 1269 (2007)

848 N.Y.S.2d 444

In the Matter of the Arbitration between STATE OF NEW YORK OFFICE OF MENTAL HEALTH, Appellant, and NEW YORK STATE CORRECTIONAL OFFICERS AND POLICE BENEVOLENT ASSOCIATION, INC., et al., Respondents.

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

Decided December 27, 2007.

Kane, J.

In June 2004, respondent Taras Neznanyj, an employee of petitioner, was arrested on charges of assault in the third degree and official misconduct for allegedly slapping and punching a patient at one of petitioner's facilities. Petitioner served Neznanyj with two separate notice of discipline instruments charging him with 11 separate instances of misconduct based on him slapping and punching the patient, as well as speaking to the patient in a loud and inappropriate...

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