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IN THE MATTER OF SIMMONS v. NEW YORK STATE DEPT. OF CORRECTIONAL SERVS.

No. 3081-09, RJI No. 01-09-ST0311.

2009 NY Slip Op 32961 (U)

In the Matter of Application of ALPHONSO SIMMONS, Petitioner, For a Judgment Pursuant to Article 78 of the Civil Practice Law and Rules v. THE NEW YORK STATE DEPARTMENT OF CORRECTIONAL SERVICES, Respondent.

Supreme Court, Albany County.

December 22, 2009.

Attorney(s) appearing for the Case

Alphonso Simmons, Stormville, New York, Prose Petitioner.

Andrew M. Cuomo, Esq., Albany, New York, Attorney General of the State of New York, Attorney for Respondent.

DECISION and ORDER

JOSEPH C. TERESI, Judge.

Petitioner commenced this Article 78 proceeding seeking reversal of Respondent's determination to seat another inmate, instead of Petitioner, on the Attica Correctional Facility Inmate Greivance Resolution Committee (hereinafter "Attica IGRC") and resulting monetary damages. Respondent's pre-answer motion to dismiss was denied, and it has now answered the petition. Because Petitioner failed to demonstrate that...

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