MATTER OF McKEOWN v. GOORD


284 A.D.2d 622 (2001)

725 N.Y.S.2d 902

In the Matter of ROBERT McKEOWN, Appellant, v. GLENN S. GOORD, as Commissioner of the New York State Department of Correctional Services, Respondent.

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

Decided June 7, 2001.


Petitioner challenges respondent's determination finding that he was ineligible for merit time allowance because he refused to participate in an alcohol and substance abuse treatment program. Supreme Court dismissed the petition and this appeal ensued.

Pursuant to Correction Law § 803, an eligible inmate "may receive merit time allowance against the minimum term or period of his or her sentence in the amount of one-sixth of the minimum term or period imposed...

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