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Social Services Employees Union, Local 371 ex rel. Robinson v. City of New York

82 A.D.3d 644 Court N.Y. App. Div. Decision date 2011-03-29 English

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p. 644
In the Matter of Social Services Employees Union, Local 371, on Behalf of its Member, Bowana Robinson, Respondent, v City of New York, Department of Juvenile Justice, Appellant.
[920 NYS2d 65]
p. 645
The arbitrator’s failure to give preclusive effect to Robinson’s guilty plea of petit larceny was irrational (see Matter of State of N.Y. Off. of Mental Health [New York State Correctional Officers & Police Benevolent Assn., Inc.], 46 AD3d 1269 , 1271 [2007], lv dismissed 10 NY3d 826 [2008]). The arbitrator’s award places Robinson back into a position where he has the responsibility to voucher property of individuals being brought into a juvenile facility (see City School Dist. of City of N.Y. v Campbell, 20 AD3d 313 [2005]). Concur — Mazzarelli, J.P., Saxe, Renwick and DeGrasse, Richter JJ.

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