La Rocco v. Goord

Appeal from a judgment of the Supreme Court (Bradley, J.), entered March 2, 2004 in Ulster County, which dismissed petitioner’s application, in a proceeding pursuant to CPLR article 78, to review a determination of respondent Commissioner of Correctional Services denying petitioner’s request for a merit time allowance.

Petitioner, an inmate, was denied eligibility for a merit time allowance because his disciplinary record included 213 days of keeplock confinement. This determination was upheld by respondent Commissioner of Correctional Services based upon the provisions of Directive 4790,…