Schroeder v. New York State Insurance Fund

*248Order, Supreme Court, New York County (Charles J. Tejada, J.), entered June 23, 2004, which denied respondents’ motion to dismiss the petition, unanimously affirmed, without costs.

Petitioner was dismissed from his position of employment at respondent New York State Insurance Fund, purportedly for violating a condition of his continued employment set forth in an arbitration award, requiring his attendance and regular participation in a rehabilitation program. Inasmuch as petitioner, in this proceeding, challenges the determination terminating his employment and not the arbitrator’s award, the…