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MATTER OF JOHNSON v. SMITH

112 A.D.2d 50 (1985)

In the Matter of Marcus Johnson, 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.

June 4, 1985

Judgment unanimously reversed, on the law, and petition dismissed.

Memorandum:

Special Term was in error in requiring the State to credit the inmate's account with that amount of pay he did not receive as a result of a disposition at a superintendent's proceeding which was later reversed for procedural defects. Petitioner had no statutory guarantee that he would keep his job in the institutional mess hall (see...

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