In re the Arbitration between Council 82 & New York State Department of Correctional Services

Appeal from an order of the Supreme Court (Keegan, J.), entered December 15, 1994 in Albany County, which denied petitioner’s application pursuant to CPLR 7511 to vacate an arbitration award.

*994Respondent issued a notice of discipline to Kirk Montgomery, a correction officer, notifying him that it intended to dismiss him based upon three allegations of misconduct. A grievance was filed and, following an arbitration hearing, the arbitrator determined that Montgomery was guilty of two of the three charges which alleged that Montgomery used unnecessary and excessive force on an inmate and then gave…