Gonzalez v. Coughlin

Appellate Division of the Supreme Court of New York

Gonzalez v. Coughlin

198 A.D.2d 683, 603 N.Y.S.2d 931, 1993 N.Y. App. Div. LEXIS 10786

CourtAppellate Division of the Supreme Court of the State of New York

DecidedNovember 18, 1993

StatusPublished

Cited by1 cases

This text of 198 A.D.2d 683 (Gonzalez v. Coughlin) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Gonzalez v. Coughlin, 198 A.D.2d 683, 603 N.Y.S.2d 931, 1993 N.Y. App. Div. LEXIS 10786 (N.Y. Ct. App. 1993).

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Opinion

—Appeal from a judgment of the Supreme Court (Feldstein, J.), entered October 30, 1992 in Clinton County, which dismissed petitioner’s application, in a proceeding pursuant to CPLR article 78, to review a determination of respondents denying his request for back pay.

As petitioner has demonstrated no statutory or constitutional guarantee to his prison job, he is not entitled to a credit for the amount of money he did not receive as a result of a disciplinary disposition which was subsequently reversed and expunged. In any event, the appropriate forum for seeking back pay would be an action in the Court of Claims. The [684]*684remaining contentions raised by petitioner have been considered and found to be lacking in merit.

Mercure, J. P., Cardona, White, Mahoney and Casey, JJ., concur. Ordered that the judgment is affirmed, without costs.

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—Appeal from a judgment of the Supreme Court (Feldstein, J.), entered October 30, 1992 in Clinton County, which dismissed petitioner’s application, in a proceeding pursuant to CPLR article 78, to review a determination of respondents denying his request for back pay.

As petitioner has demonstrated no statutory or constitutional guarantee to his prison job, he is not entitled to a credit for the amount of money he did not receive as a result of a disciplinary disposition which was subsequently reversed and expunged. In any event, the appropriate forum for seeking back pay would be an action in the Court of Claims. The [684]*684remaining contentions raised by petitioner have been considered and found to be lacking in merit.

Mercure, J. P., Cardona, White, Mahoney and Casey, JJ., concur. Ordered that the judgment is affirmed, without costs.

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Bluebook (online)

198 A.D.2d 683, 603 N.Y.S.2d 931, 1993 N.Y. App. Div. LEXIS 10786, Counsel Stack Legal Research, https://law.counselstack.com/opinion/gonzalez-v-coughlin-nyappdiv-1993.

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