Ferro v. Luvera

—Proceeding pursuant to CPLR article 78 (transferred to this Court by order of the Supreme Court, entered in Columbia County) to review a determination of the Commissioner of Correctional Services which withheld petitioner’s good time allowance.

Petitioner challenges a decision of the Time Allowance Committee, which was affirmed on administrative appeal, withholding 11 months of good time as a result of petitioner’s failure to participate in an alcohol and substance abuse program, claiming that it was not supported by substantial evidence. Inasmuch as the record establishes that petitioner has…