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MATTER OF COOPER v. SMITH

99 A.D.2d 644 (1984)

In the Matter of Gary Cooper, Respondent, v. Harold J. Smith, as Superintendent of Attica Correctional Facility, et al., Appellants

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

January 27, 1984

Judgment unanimously reversed and petition dismissed.

Memorandum:

In this CPLR article 78 proceeding challenging petitioner's removal from a prison job assignment without a disciplinary hearing, Special Term correctly held that such a hearing was not required. Petitioner had no statutory guarantee that he would keep his kitchen job and prison officials could remove him from that assignment at any time without a hearing (Matter of Duval v Smith,

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