IN RE: Benjamin STEPHENS Jr.

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Supreme Court, Appellate Division, Third Department, New York.

IN RE: Benjamin STEPHENS Jr., Appellant, v. CENTRAL OFFICE REVIEW COMMITTEE OF NEW YORK STATE DEPARTMENT OF CORRECTIONAL SERVICES, Respondent.

Decided: November 25, 1998

Before:  CARDONA, P.J., MERCURE, WHITE, SPAIN and CARPINELLO, JJ. Benjamin Stephens Jr., Dannemora, appellant in person. Dennis C. Vacco, Attorney-General (Marlene O. Tuczinski of counsel), Albany, for respondent.

Appeal from a judgment of the Supreme Court (Canfield, J.), entered October 20, 1997 in Albany County, which dismissed petitioner's application, in a proceeding pursuant to CPLR article 78, to review a determination of respondent denying petitioner's two grievances.

While an inmate at Gouverneur Correctional Facility in St. Lawrence County, petitioner was removed from his program assignment as a law library clerk after a female correction officer filed a complaint stating that petitioner placed a signed note in her library locker that made her fear for her safety.   Petitioner thereafter filed a grievance seeking reinstatement and back pay on grounds that respondent failed to adhere to program assignment removal procedures and that the correction officer requested his removal in retaliation for a previous disagreement.   When petitioner was subsequently placed in administrative segregation and transferred to another facility as a result of the incident, he filed a second grievance alleging retaliation and seeking, inter alia, to be transferred back to Gouverneur.   Although both grievances were denied, the determination placing petitioner in administrative segregation was reversed on administrative appeal.   Supreme Court dismissed this ensuing CPLR article 78 proceeding challenging the denial of his grievances and petitioner appeals.

 We affirm.   Initially, because the determination placing petitioner in administrative segregation has been administratively reversed and all references thereto have been expunged from petitioner's institutional record, we agree with Supreme Court that this CPLR article 78 proceeding must be dismissed as moot to the extent that petitioner seeks relief relating to that determination (see, Matter of Rivera v. Coughlin, 184 A.D.2d 933, 587 N.Y.S.2d 228).

 Turning to petitioner's remaining contentions, petitioner has failed to demonstrate that the denial of his grievances was arbitrary, capricious or affected by an error of law (see, Matter of Bramble v. Laguna, 245 A.D.2d 928, 666 N.Y.S.2d 51, lv. denied 91 N.Y.2d 810, 670 N.Y.S.2d 404, 693 N.E.2d 751).   Petitioner is not entitled to select the facility to which he is confined (see, Matter of Salahuddin v. Coughlin, 222 A.D.2d 950, 636 N.Y.S.2d 145, lv. denied 88 N.Y.2d 806, 646 N.Y.S.2d 985, 670 N.E.2d 226, cert. denied 519 U.S. 937, 117 S.Ct. 317, 136 L.Ed.2d 232) and has no statutory or constitutional right to a prison job (see, Matter of Semkus v. Coughlin, 139 A.D.2d 868, 869, 527 N.Y.S.2d 596, lv. denied 72 N.Y.2d 808, 533 N.Y.S.2d 57, 529 N.E.2d 425).   Moreover, monetary relief in the form of back pay is not recoverable in the context of this CPLR article 78 proceeding (see, Matter of Sabo v. Racette, 124 A.D.2d 920, 921, 508 N.Y.S.2d 666).   Finally, we find no procedural irregularities or evidence of retaliation with respect to petitioner's removal from his program assignment.   Petitioner's remaining arguments have been examined and found to be lacking in merit.

ORDERED that the judgment is affirmed, without costs.

SPAIN, J.

CARDONA, P.J., and MERCURE, WHITE and CARPINELLO, JJ., concur.

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