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In the Matter of GEORGE SEMKUS, Appellant, v. THOMAS A. COUGHLIN, III, as Commissioner of the New York State Department of Correctional Ser

Mikoll, J.

In this CPLR article 78 proceeding, petitioner seeks an order reinstating him to a fourth module per day rate of pay which he was receiving in his employment as a prison library law clerk while an inmate at Otisville Correctional Facility and to recover back wages allegedly due him because of the reduction in his work schedule. Supreme Court dismissed the proceeding and this appeal ensued.

There should be an affirmance. Prison inmates do not have "a statutory, constitutional or precedential right to [a] prison job" (Matter of Sabo v. Racette, 124 A.D.2d 920, 921; see, Matter of Cooper v. Smith, 63 N.Y.2d 615, 616; see also, Matter of Johnson v. Smith, 112 A.D.2d 50, 51).

Judgment affirmed, without costs. Casey, J.P., Weiss, Mikoll, Yesawich, Jr., and Levine, JJ., concur.

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MATTER OF SEMKUS v. COUGHLIN
(Apr 28, 1988)