Simmons v. New York State Department of Correctional Services

*1383Petitioner worked in the mess hall under the food service incentive wage program while he was incarcerated at Attica Correctional Facility in Wyoming County. In April 2008, prior to his completion of the program’s 12-month contract period, he was removed from his job due to a pending disciplinary infraction. He reapplied in May 2008. Thereafter, petitioner was transferred to Green Haven Correctional Facility in Dutchess County and, in April 2009, he was reassigned under the program to a job in the mess hall earning $.16 per hour. He filed a grievance claiming, among other things, that he…