Legal Opinion
Kenner v. Coughlin
Appellate Division of the Supreme Court of the State of New York
Decided November 7, 1984PublishedCited by 4 opinions
1Opinion of the Court
Judgment unanimously affirmed, without costs. Memorandum: Petitioner instituted this CPLR article 78 proceeding to compel respondents to reinstate him to his position as a correctional officer at Attica. Although he was terminated after arbitration pursuant to a collective bargaining agreement, he claims that his dismissal is reviewable in an article 78 proceeding because the arbitrator based his determination on a criminal charge against petitioner which had been dismissed and that his dismissal was thus in violation of the Human Rights Law (Executive Law, § 296, subd 16).
The petition was…
2Cases cited2 opinions
- In Re the Arbitration Between Smith & Firemen's InsuranceNew York Court of Appeals · 1982
- MATTER OF SKYLINE INN CORP. v. New York State Liquor Auth.New York Court of Appeals · 1978
3Cited by4 opinions
- Block v. St. Paul Fire & Marine InsuranceAppellate Division of the Supreme Court of the State of New York · 1988
- K.C.B. Bakeries, Inc. v. ButcherAppellate Division of the Supreme Court of the State of New York · 1988
- Malacynski v. McCallAppellate Division of the Supreme Court of the State of New York · 1995
- THYGESEN, WILLIAM J. v. NORTH BAILEY VOLUNTEER FIRE COMPANAppellate Division of the Supreme Court of the State of New York · 2012