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MATTER OF NOWLIN v. SCHRIVER

278 A.D.2d 631 (2000)

719 N.Y.S.2d 138

In the Matter of KENNETH NOWLIN, Appellant, v. SUNNY SCHRIVER, as Superintendent of Wallkill Correctional Facility, et al., Respondents.

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

Decided December 14, 2000.

Petitioner commenced this CPLR article 78 proceeding to challenge a determination denying a grievance in which he claimed that he was wrongfully removed from his prison work assignment and was entitled to reinstatement and back pay. Supreme Court initially dismissed the petition for failure to state a cause of action and this Court, concluding that dismissal was premature, reversed and remitted the matter for further proceedings (269 A.D.2d 630

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