Opinion
June 4, 1985
Appeal from the Supreme Court, Wyoming County, La Mendola, J.
Present — Dillon, P.J., Hancock, Jr., Denman, Green and Pine, JJ.
Judgment unanimously reversed, on the law, and petition dismissed. Memorandum: Special Term was in error in requiring the State to credit the inmate's account with that amount of pay he did not receive as a result of a disposition at a superintendent's proceeding which was later reversed for procedural defects. Petitioner had no statutory guarantee that he would keep his job in the institutional mess hall (see, Matter of Cooper v. Smith, 99 A.D.2d 644, affd 63 N.Y.2d 615; Matter of Duval v. Smith, 50 A.D.2d 1066; see also, Matter of Allah v Smith, 112 A.D.2d 50). We add only that in seeking back pay petitioner would have to resort to an action in the Court of Claims to recover money from the State (County of Onondaga v. New York State Dept. of Correctional Servs., 97 A.D.2d 957, affd 62 N.Y.2d 826; Siegel, N Y Prac § 570, at 801).