Rivera v. Nuttall

Appeal from a judgment of the Supreme Court (Kavanagh, J.), entered May 23, 2005 in Albany County, which dismissed petitioner’s application, in a proceeding pursuant to CPLR article 78, to review a determination of respondent denying petitioner’s grievance.

Petitioner, an inmate, wrote to respondent in March 2003 requesting that he be credited with having completed the Alcohol and Substance Abuse Treatment (hereinafter AS AT) program. By letter dated April 14, 2003, respondent advised petitioner that, due to his removal from the program following an August 1996 disciplinary infraction while at…