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Matter of Semkus v. Coughlin

Appellate Division of the Supreme Court of New York, Third Department
Apr 28, 1988
139 A.D.2d 868 (N.Y. App. Div. 1988)

Opinion

April 28, 1988

Appeal from the Supreme Court, Albany County (Cobb, J.).


In this CPLR article 78 proceeding, petitioner seeks an order reinstating him to a fourth module per day rate of pay which he was receiving in his employment as a prison library law clerk while an inmate at Otisville Correctional Facility and to recover back wages allegedly due him because of the reduction in his work schedule. Supreme Court dismissed the proceeding and this appeal ensued.

There should be an affirmance. Prison inmates do not have "a statutory, constitutional or precedential right to [a] prison job" (Matter of Sabo v. Racette, 124 A.D.2d 920, 921; see, Matter of Cooper v. Smith, 63 N.Y.2d 615, 616; see also, Matter of Johnson v. Smith, 112 A.D.2d 50, 51).

Judgment affirmed, without costs. Casey, J.P., Weiss, Mikoll, Yesawich, Jr., and Levine, JJ., concur.


Summaries of

Matter of Semkus v. Coughlin

Appellate Division of the Supreme Court of New York, Third Department
Apr 28, 1988
139 A.D.2d 868 (N.Y. App. Div. 1988)
Case details for

Matter of Semkus v. Coughlin

Case Details

Full title:In the Matter of GEORGE SEMKUS, Appellant, v. THOMAS A. COUGHLIN, III, as…

Court:Appellate Division of the Supreme Court of New York, Third Department

Date published: Apr 28, 1988

Citations

139 A.D.2d 868 (N.Y. App. Div. 1988)

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