Legal Opinion

Miller v. New York State Department of Correctional Services

Appellate Division of the Supreme Court of the State of New York

Decided January 8, 1987PublishedCited by 14 opinions

1Opinion of the Court

—Levine, J.

Appeal from a judgment of the Supreme Court at Special Term (Kahn, J.), entered November 19, 1985 in Albany County, which, in a proceeding pursuant to CPLR article 78, granted respondents’ motion to dismiss the petition for failure to state a cause of action.

Petitioner, formerly a correction officer employed by respondent New York State Department of Correctional Services (Department), was served with a notice of discipline and dismissal from service as a result of his excessive unauthorized absenteeism. The parties’ collective bargaining agreement provided for a grievance…

2Cases cited2 opinions

  1. Abramovich v. Board of EducationNew York Court of Appeals · 1979
  2. Abrams v. Board of EducationAppellate Division of the Supreme Court of the State of New York · 1982

3Cited by14 opinions

  1. Winkler v. Kingston Housing AuthorityAppellate Division of the Supreme Court of the State of New York · 1999
  2. Miller v. New York State Department of Correctional ServicesNew York Court of Appeals · 1987
  3. Shannon v. State of New York Department of Correctional ServicesAppellate Division of the Supreme Court of the State of New York · 1987
  4. In re Arbitration between Campbell & State of New YorkAppellate Division of the Supreme Court of the State of New York · 2007
  5. Davis v. New York State Division of Military & Naval AffairsAppellate Division of the Supreme Court of the State of New York · 2002

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