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MATTER OF MAXSON v. FISCHER

61 A.D.3d 1192 (2009)

876 N.Y.S.2d 765

In the Matter of KOREY MAXSON, Appellant, v. BRIAN FISCHER, as Commissioner of Correctional Services, Respondent.

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

Decided April 16, 2009.

Petitioner, serving prison time for convictions for sexual abuse in the first degree and rape in the third degree, commenced this CPLR article 78 proceeding challenging respondent's determination to withhold good time credit. Supreme Court dismissed the petition, prompting this appeal.

We affirm. The decision to withhold good time credit is discretionary and is not subject to judicial review so long as it is made in accordance with the law (see Matter of Benjamin...

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