Miller v. New York State Department of Mental Hygiene

— In a proceeding pursuant to CPLR article 78 to review an arbitrator’s award which dismissed the grievance of Emmett Miller on the ground that it was not timely filed, the appeal is from a judgment of the Supreme Court, Kings County, entered December 20, 1978, which, inter alia, vacated the award, directed that petitioner be reinstated with back pay, and directed that a hearing be held by the arbitrator on the merits of the disciplinary proceeding against petitioner. Judgment reversed, on the law, without costs or disbursements, proceeding dismissed and the arbitrator’s award is reinstated.…