Legal Opinion

Benjamin v. New York State Department of Correctional Services

Appellate Division of the Supreme Court of the State of New York

Decided June 16, 2005PublishedCited by 5 opinions

1Opinion of the Court

Appeal from a judgment of the Supreme Court (Cannizzaro, J.), entered July 8, 2004 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 withholding petitioner’s good time allowance.

Following his 1992 conviction of robbery in the first degree, petitioner was sentenced as a second felony offender to 6 to 12 years in prison. After a hearing, the Time Allowance Committee decided to withhold all of petitioner’s good time allowance and move his release date to his…

2Cases cited5 opinions

  1. Burke v. GoordAppellate Division of the Supreme Court of the State of New York · 2000
  2. Bolster v. GoordAppellate Division of the Supreme Court of the State of New York · 2002
  3. White v. GoordAppellate Division of the Supreme Court of the State of New York · 2000
  4. McPherson v. GoordAppellate Division of the Supreme Court of the State of New York · 2005
  5. Thomas v. Time Allowance Committee at Arthur Kill Correctional FacilityAppellate Division of the Supreme Court of the State of New York · 2004

3Cited by5 opinions

  1. Reed v. FischerAppellate Division of the Supreme Court of the State of New York · 2008
  2. Fowler v. FischerAppellate Division of the Supreme Court of the State of New York · 2012
  3. Maxson v. FischerAppellate Division of the Supreme Court of the State of New York · 2009
  4. Jones v. GoordAppellate Division of the Supreme Court of the State of New York · 2006
  5. Fowler v. FischerAppellate Division of the Supreme Court of the State of New York · 2012

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