Given v. Goord

Appeal from a judgment of the Supreme Court (Lynch, J.), entered November 29, 2006 in Albany County, which dismissed petitioner’s application, in a proceeding pursuant to CPLR article 78, to review a determination of respondent withholding petitioner’s good time credit.

Petitioner is currently serving a prison sentence of 12V2 to 25 years upon his conviction of rape in the first degree and is required to participate in the sex offender counseling program while incarcerated. In 2003, petitioner was removed from the program for poor performance, participation or progress. In September 2005,…