MATTER OF CITY OF UTICA

1012 CA 20-00724.

189 A.D.3d 2130 (2020)

134 N.Y.S.3d 892

2020 NY Slip Op 07783

In the Matter of the Arbitration between City of Utica, Respondent, and Local 32, International Association of Firefighters, AFL-CIO, C.L.C. Utica Professional Firefighters Association, on Behalf of Richard J. Forte, Appellant.

Appellate Division of the Supreme Court of New York, Fourth Department.

Decided December 23, 2020.


Attorney(s) appearing for the Case

GLEASON, DUNN, WALSH & O'SHEA, ALBANY ( RONALD G. DUNN OF COUNSEL), FOR RESPONDENT-APPELLANT.

WILLIAM M. BORRILL , CORPORATION COUNSEL, UTICA ( KATHRYN F. HARTNETT OF COUNSEL), FOR PETITIONER-RESPONDENT.

Present—Carni, J.P., Lindley, Curran, Winslow and DeJoseph, JJ.


It is hereby ordered that the order so appealed from is unanimously affirmed without costs.

Memorandum: In this proceeding pursuant to CPLR article 75, Richard J. Forte (respondent) appeals from that part of an order that denied his motion to vacate an arbitration award. We affirm.

Respondent contends that the arbitrator improperly found him guilty of committing uncharged conduct, i.e., sexual harassment, and determined that termination was the appropriate...

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