Maxson v. Fischer

Appeal from a judgment of the Supreme Court (Egan, Jr., J.), entered May 1, 2008 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, serving prison time for convictions for sexual abuse in the first degree and rape in the third degree, commenced this CPLR article 78 proceeding challenging respondent’s determination to withhold good time credit. Supreme Court dismissed the petition, prompting this appeal.

We affirm. The decision to withhold good time…