| Matter of Maxson v Fischer |
| 2009 NY Slip Op 02871 [61 AD3d 1192] |
| April 16, 2009 |
| Appellate Division, Third Department |
| In the Matter of Korey Maxson, Appellant, v Brian Fischer, asCommissioner of Correctional Services, Respondent. |
—[*1] Andrew M. Cuomo, Attorney General, Albany (Marcus J. Mastracco of counsel), forrespondent.
Appeal from a judgment of the Supreme Court (Egan, Jr., J.), entered May 1, 2008 in AlbanyCounty, which dismissed petitioner's application, in a proceeding pursuant to CPLR article 78, toreview a determination of respondent withholding petitioner's good time credit.
Petitioner, serving prison time for convictions for sexual abuse in the first degree and rape inthe third degree, commenced this CPLR article 78 proceeding challenging respondent'sdetermination to withhold good time credit. Supreme Court dismissed the petition, promptingthis appeal.
We affirm. The decision to withhold good time credit is discretionary and is not subject tojudicial review so long as it is made in accordance with the law (see Matter of Benjamin v New York StateDept. of Correctional Servs., 19 AD3d 832, 833 [2005]). Here, petitioner's failure tocomplete the sex offender counseling program, from which he had been removed for disciplinaryreasons, demonstrates his refusal to address the specific conduct that caused his imprisonmentand, as a result, provides a rational basis for respondent's determination (see Matter of Given v Goord, 51 AD3d1343, 1343-1344 [2008]).
To the extent not specifically discussed herein, we have considered petitioner's remainingcontentions and find them to be unavailing.[*2]
Mercure, J.P., Spain, Lahtinen, Malone Jr. andMcCarthy, JJ., concur. Ordered that the judgment is affirmed, without costs.