Legal Opinion · Concurring in part, dissenting in part
In re the Arbitration between Security & Law Enforcement Employees & County of Albany
Appellate Division of the Supreme Court of the State of New York
Decided August 4, 1983Published
1Concurring in part, dissenting in part
Mikoll and Weiss, JJ.,
concur in part and dissent in part in the following memorandum by Weiss, J. Weiss, J. (concurring in part and dissenting in part). While we agree with the arbitrator’s award of back pay to petitioners because their suspension was in violation of section 1 of article VI of the collective bargaining agreement, we are unable to accept any rationale which would require respondents to pay petitioners’ counsel fees for defense of the criminal charges against them. It is clear that correction officers are local public officers (Public Officers Law, § 2; see Matter of Winkler v…
2Cases cited11 opinions
- In re the Arbitration between Sprinzen & NombergNew York Court of Appeals · 1979
- Corning v. Village of Laurel HollowNew York Court of Appeals · 1979
- In re the Arbitration between Local Division 1179, Amalgamated Transit Union & Green Bus Lines, Inc.New York Court of Appeals · 1980
- Isereau v. StoneAppellate Division of the Supreme Court of the State of New York · 1957
- De Paulo v. City of AlbanyNew York Court of Appeals · 1980
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