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MATTER OF SCHMITT v. NEW YORK STATE DEPARTMENT OF CORRECTIONAL SERVICES

47 A.D.3d 1098 (2008)

850 N.Y.S.2d 270

In the Matter of JAMES SCHMITT, Appellant, v. NEW YORK STATE DEPARTMENT OF CORRECTIONAL SERVICES, Respondent.

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

Decided January 17, 2008.

Cardona, P.J.

In December 2003, petitioner was served with a notice of discipline dismissing him from his employment as a correction officer at the Washington Correctional Facility in Washington County due to excessive absenteeism, including 17 occasions when he was allegedly absent without leave (hereinafter AWOL). In January 2004, a settlement of the notice of discipline was reached whereby petitioner signed a last chance agreement which provided, among other things...

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