Ramos v. New York State Department of Correctional Services

Appeal from a judgment of the Supreme Court (LaBuda, J.), entered April 22, 2008 in Sullivan County, which dismissed petitioner’s application, in a proceeding pursuant to CPLR article 78, to review a determination of respondent denying petitioner’s request for a merit time allowance.

Petitioner, an inmate, commenced this CPLR article 78 proceeding challenging respondent’s determination that he was ineligible to receive a merit time allowance. Supreme Court dismissed the petition and petitioner now appeals.

Pursuant to Correction Law § 803 (1) (d) (iv), a merit time al*1175lowance shall be withheld…