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MATTER OF COWART v. COOMBE

247 A.D.2d 729 (1998)

669 N.Y.S.2d 87

In the Matter of Floyd Cowart, Appellant, v. Philip Coombe, Jr., as Commissioner of Correctional Services, Respondent

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

February 19, 1998

Petitioner is an inmate serving a prison term which, in the aggregate, totals 80½ years to life. Pursuant to prison directives, $18.80 of compensation earned by petitioner for work performed by him while incarcerated was withheld as "lag pay" which petitioner is entitled to receive upon release from the prison system (see, Allen v Cuomo, 100 F.3d 253, 257-258). Petitioner commenced this CPLR article 78 proceeding challenging...

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