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Matter of Cowart v. Coombe

Appellate Division of the Supreme Court of New York, Third Department
Feb 19, 1998
247 A.D.2d 729 (N.Y. App. Div. 1998)

Summary

In Cowart, an inmate serving an aggregate sentence of 80 ½ years to life raised essentially the same argument that plaintiff is raising here, i.e., "that because it is unlikely that he will ever be released on parole, the withholding of his earned compensation is irrational."

Summary of this case from Williamson v. Goord

Opinion

February 19, 1998

Appeal from the Supreme Court (Torraca, J.).


Petitioner is an inmate serving a prison term which, in the aggregate, totals 80 1/2 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 the lag pay policy, arguing that because it is unlikely that he will ever be released on parole, the withholding of his earned compensation is irrational. Supreme Court dismissed the petition and we affirm. The Commissioner of Correctional Services is vested with broad administrative and discretionary authority over inmates' access to wages during imprisonment and is free to hold such earnings in trust until an inmate's release ( see, Correction Law § 187; § 189 [1]; Allen v. Cuomo, supra, at 257). This Court will not interfere with the exercise of such authority absent a showing of a statutory violation or an abuse of discretion ( see, People ex rel. Rheim v. Lyons, 276 A.D. 811, 812, cert denied 339 U.S. 925). Finding that neither has been demonstrated here, we agree with Supreme Court that petitioner's argument with respect to the lag pay policy must fail. The judgment dismissing petitioner's application is therefore affirmed.

Mikoll, J. P., Mercure, Yesawich Jr., Peters and Carpinello, JJ., concur.

Ordered that the judgment is affirmed, without costs.


Summaries of

Matter of Cowart v. Coombe

Appellate Division of the Supreme Court of New York, Third Department
Feb 19, 1998
247 A.D.2d 729 (N.Y. App. Div. 1998)

In Cowart, an inmate serving an aggregate sentence of 80 ½ years to life raised essentially the same argument that plaintiff is raising here, i.e., "that because it is unlikely that he will ever be released on parole, the withholding of his earned compensation is irrational."

Summary of this case from Williamson v. Goord
Case details for

Matter of Cowart v. Coombe

Case Details

Full title:In the Matter of FLOYD COWART, Appellant, v. PHILIP COOMBE, JR., as…

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

Date published: Feb 19, 1998

Citations

247 A.D.2d 729 (N.Y. App. Div. 1998)
669 N.Y.S.2d 87

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