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MATTER OF AMATO v. WARD

41 N.Y.2d 469 (1977)

In the Matter of Robert Amato, Appellant, v. Benjamin Ward, as Commissioner of the New York State Department of Correctional Services, et al., Respondents.

Court of Appeals of the State of New York.

Decided March 29, 1977.

Attorney(s) appearing for the Case

Jane E. Bloom, Poughkeepsie, for appellant.

Louis J. Lefkowitz, Attorney-General (Joseph Henneberry, Samuel A. Hirshowitz and Rhonda Amkraut Bayer of counsel), New York City, for respondents.

Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and COOKE concur.

Chief Judge BREITEL.

In this proceeding under CPLR article 78, petitioner Amato, a State prisoner, seeks an order directing respondent correctional authorities to restore six months "good time", that is, time allowed for good behavior in determining eligibility for conditional release (Correction Law, § 803, esp subds 1, 5; Penal Law, § 70.40, subds 1, 3). Supreme Court dismissed the petition, a divided...

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