Coleman v. Boyle

—Mercure, J. P.

Appeal from a judgment of the Supreme Court (Teresi, J.), entered April 21, 1999 in Albany County, which dismissed petitioner’s application, in a proceeding pursuant to CPLR article 78, to review a determination of respondent Commissioner of Correctional Services withholding petitioner’s good time allowance.

Petitioner is an inmate currently serving a prison sentence of 5 to 10 years upon his conviction of the crimes of rape in the first degree and sexual abuse in the first degree. Based upon a finding that petitioner failed to complete sexual offender treatment, the Time…