In re the Arbitration between New York State Correctional Officers & Police Benevolent Ass'n

Appeal from an order of the Supreme Court (McNamara, J.), entered January 16, 2002 in Albany County, which denied petitioners’ application pursuant to CPLR 7511 to vacate an arbitration award.

After urine samples tested positive for marihuana use, petitioner James Demers (hereinafter petitioner), a correction officer employed by respondent Department of Correctional Services, was found guilty of misconduct and a penalty of termination was imposed. Petitioner New York State Correctional Officers and Police Benevolent Association, Inc. filed a grievance on petitioner’s behalf but, following an…