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MATTER OF JARVIS v. COMMISSIONER OF THE NEW YORK STATE DEPARTMENT OF CORRECTIONAL SERVICES

277 A.D.2d 556 (2000)

714 N.Y.S.2d 825

In the Matter of GARY JARVIS, Appellant, v. COMMISSIONER OF THE NEW YORK STATE DEPARTMENT OF CORRECTIONAL SERVICES et al., Respondents.

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

Decided November 2, 2000.

Petitioner, a prison inmate, was denied a certificate of earned eligibility based upon his overall unacceptable level of program attendance and was apparently denied parole release due in part to his failure to obtain the certificate. Petitioner commenced this CPLR article 78 proceeding challenging the determination denying the certificate and Supreme Court dismissed the petition, finding that the determination was not arbitrary...

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