Cooper v. Smith

Judgment unanimously reversed and petition dismissed. Memorandum: In this CPLR article 78 proceeding challenging petitioner’s removal from a prison job assignment without a disciplinary hearing, Special Term correctly held that such a hearing was not required. Petitioner had no statutory guarantee that he would keep his kitchen job and prison officials could remove him from that assignment at any time without a hearing (Matter of Duval v Smith, 50 AD2d 1066,1067). It is additionally noted that transfer from one job to another is not one of the permitted dispositions at either a violation…