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MATTER OF SCAROLA v. GOORD

266 A.D.2d 598 (1999)

698 N.Y.S.2d 60

In the Matter of MICHAEL SCAROLA, Appellant, v. GLENN S. GOORD, as Commissioner of the Department of Correctional Services, et al., Respondents.

Appellate Division of the Supreme Court of the State of New York, Third Department.

Decided November 4, 1999.

Graffeo, J.

Petitioner, an inmate incarcerated at Attica Correctional Facility in Wyoming County, challenges respondents' determination that he was ineligible to receive a "merit time allowance". In 1997 the Legislature amended Correction Law § 803 (see, L 1997, ch 435) to allow an eligible inmate to receive a merit time allowance against his or her minimum term of imprisonment "in the amount of one-sixth of the minimum term or period imposed by the court...

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