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MATTER OF RAMOS v. NEW YORK STATE DEPT. OF CORRECTIONAL SERVS.

62 A.D.3d 1174 (2009)

878 N.Y.S.2d 638

In the Matter of DANNY RAMOS, Appellant, v. NEW YORK STATE DEPARTMENT OF CORRECTIONAL SERVICES, Respondent.

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

Decided May 21, 2009.

Petitioner, an inmate, commenced this CPLR article 78 proceeding challenging respondent's determination that he was ineligible to receive a merit time allowance. Supreme Court dismissed the petition and petitioner now appeals.

Pursuant to Correction Law § 803 (1) (d) (iv), a merit time allowance shall be withheld for "any serious disciplinary infraction." A serious disciplinary infraction is further defined by 7 NYCRR...

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