Legal Opinion

Vega v. Fischer

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

Decided January 26, 2012PublishedCited by 3 opinions

1Opinion of the Court

Pursuant to 7 NYCRR 701.3 (f), an action taken by an entity *1246not under the supervision of the Commissioner of Corrections and Community Supervision is not within the jurisdiction of the inmate grievance program (see generally Matter of Justice v Fischer, 74 AD3d 1648, 1648 [2010], lv denied 15 NY3d 710 [2010] ). Although the gravamen of petitioner’s complaint is that facility staff were neglectful in failing to submit his apprenticeship application in a timely manner, the fact remains that enrollment into the program is ultimately at the discretion of the Department of Labor; thus, the relief…

2Cases cited3 opinions

  1. Abreu v. FischerAppellate Division of the Supreme Court of the State of New York · 2011
  2. Justice v. FischerAppellate Division of the Supreme Court of the State of New York · 2010
  3. Lopez v. FischerAppellate Division of the Supreme Court of the State of New York · 2011

3Cited by3 opinions

  1. Vega v. FischerAppellate Division of the Supreme Court of the State of New York · 2013
  2. Matter of Simpson v. State of N.Y. (DOCCS)Appellate Division of the Supreme Court of the State of New York · 2022
  3. Vega v. FischerAppellate Division of the Supreme Court of the State of New York · 2013

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