Schmitt v. New York State Department of Correctional Services

Cardona, EJ.

Appeal from a judgment of the Supreme Court (Sackett, J.), entered June 27, 2006 in Albany County, which (1) dismissed that part of petitioner’s application pursuant to CPLR article 78 to review a determination of respondent terminating petitioner’s employment, and (2) denied that part of petitioner’s application pursuant to CPLR 7511 to vacate an arbitration award.

In December 2003, petitioner was served with a notice of discipline dismissing him from his employment as a correction officer at the Washington Correctional Facility in Washington County due to excessive absenteeism,…