71 A.D.2d 823 | N.Y. App. Div. | 1979
Judgment unanimously modified and, as modified, affirmed, without costs, in accordance with the following memorandum: On July 23, 1978 plaintiff requested a departmental hearing on the charge of insubordination filed by the Monroe County Sheriffs Department. Paragraph No. 35.2.2 of the collective bargaining agreement which governs departmental disciplinary matters provides: "A departmental hearing shall be conducted by the Sheriff or his designee within thirty (30) calendar days of the date the charges were answered by the employee”. By letter dated August 8, 1978, plaintiffs attorney advised the department that he would be unavailable for any proceedings until August 28, 1978. Subsequently, the parties exchanged letters which reflect that upon failure to reach a settlement a hearing would