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MATTER OF KOWALESKI

No. 221.

16 N.Y.3d 85 (2010)

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

Court of Appeals of New York.

Decided December 21, 2010.

Attorney(s) appearing for the Case

Oliver Law Office, Albany ( Lewis B. Oliver, Jr. , of counsel), for appellant.

Andrew M. Cuomo , Attorney General, Albany ( Frank K. Walsh , Barbara D. Underwood and Andrew D. Bing of counsel), for respondent.

Amanda J. Velazquez , Albany, and Nancy E. Hoffman for Civil Service Employees Association, Inc., Local 1000, AFSCME, AFL-CIO, amicus curiae.

Chief Judge LIPPMAN and Judges GRAFFEO, READ, SMITH, PIGOTT and JONES concur.

OPINION OF THE COURT

CIPARICK, J.

Petitioner Barbara Kowaleski began her employment with the State Department of Correctional Services (DOCS) as a correction officer in 1981, and was assigned to the Hale Creek Correctional Facility (Hale Creek) in 1995. In October 2004, she was served with a notice of discipline (Notice) charging her with violating provisions of the employees' manual on three separate occasions in September and October 2004:

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