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MATTER OF SIMMONS v. NEW YORK STATE DEPARTMENT OF CORRECTIONAL SERVICES

509625.

82 A.D.3d 1382 (2011)

918 N.Y.S.2d 279

In the Matter of ALPHONSO SIMMONS, Appellant, v. NEW YORK STATE DEPARTMENT OF CORRECTIONAL SERVICES, Respondent.

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

Decided March 10, 2011.

Petitioner worked in the mess hall under the food service incentive wage program while he was incarcerated at Attica Correctional Facility in Wyoming County. In April 2008, prior to his completion of the program's 12-month contract period, he was removed from his job due to a pending disciplinary infraction. He reapplied in May 2008. Thereafter, petitioner was transferred to Green Haven Correctional Facility in Dutchess County and, in April 2009, he was reassigned under the...

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