Jarvis v. Commissioner of the New York State Department of Correctional Services

—Appeal from a judgment of the Supreme Court (Ceresia, Jr., J.), entered February 16, 2000 in Albany County, which dismissed petitioner’s application, in a proceeding pursuant to CPLR article 78, to review a determination of respondent Commissioner of Correctional Services denying petitioner’s application for a certificate of earned eligibility.

Petitioner, a prison inmate, was denied a certificate of earned eligibility based upon his overall unacceptable level of program attendance and was apparently denied parole release due in *557part to his failure to obtain the certificate. Petitioner…