Simmons v. New York State Department of Correctional Services

Appeal from a judgment of the Supreme Court (Teresi, J.), entered January 7, 2010 in Albany County, which dismissed petitioner’s application, in a proceeding pursuant to CFLR article 78, to review a determination of the Central Office Review Committee denying petitioner’s grievance.

In 2008, petitioner placed third in an election for two inmate representative seats on Attica Correctional Facility’s Inmate Grievance Resolution Committee (hereinafter IGRC), rendering him an alternate inmate representative (see 7 NYCRR 701.4 [b] *920[3] [i]). Following the transfer of one of the elected…