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In the Matter of LORD O. ALLAH, Appellant, v. HAROLD J. SMITH, as Superintendent of Attica Correctional Facility, Respondent.

Judgment unanimously affirmed. Memorandum: Special Term properly found that petitioner had no statutory guarantee that he would keep his job in the institutional mess hall (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, lv denied 38 N.Y.2d 711). 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).

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MATTER OF ALLAH v. SMITH
(Jun 4, 1985)