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MATTER OF NASSAU HEALTH CARE CORPORATION v. CIVIL SERVICE EMPLOYEES ASSOCIATION, INC.

2010-00666.

83 A.D.3d 719 (2011)

920 N.Y.S.2d 399

In the Matter of NASSAU HEALTH CARE CORPORATION, Appellant, v. CIVIL SERVICE EMPLOYEES ASSOCIATION, INC., Respondent. (Proceeding No. 1.). In the Matter of SADERIA BURKE et al., Respondents, v. NASSAU HEALTH CARE CORPORATION, Appellant. (Proceeding No. 2.).

Appellate Division of the Supreme Court of New York, Second Department.

Decided April 5, 2011.

Ordered that the judgment is reversed insofar as appealed from, on the law, with costs, the petition by the Nassau Health Care Corporation to modify the arbitration award is granted, and that branch of the petition by Saderia Burke and the Civil Service Employees Association, Inc., which was to confirm so much of the arbitration award as imposed a penalty of suspension without pay of the subject employee is denied, and the penalty of suspension without pay is vacated.

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