Login
  • Bookmark
  • PDF
  • Share
  • CaseIQ

IN THE MATTER OF GODWIN v. GOORD

Appellate Division of the Supreme Court of New York, Third Department.
Apr 12, 2001
Important Paras
Please sign up to view Important Paras.

Carpinello, J.

MEMORANDUM AND ORDER

Petitioner commenced this proceeding challenging a determination withholding eight years and eight months of his good-time credits which was based on the results of numerous tier III disciplinary hearings. Petitioner contended that he was denied due process in that he was not afforded an opportunity to be heard at the time of the determination. Supreme Court dismissed the petition and we affirm.

An inmate who losses good-time credits based upon prior disciplinary hearings is not entitled to a further hearing (see, Correction Law § 803 [a]; Matter of Urbina v. McGinnis, 270 A.D.2d 535). Inasmuch as the decision to withhold petitioner's good-time allowance was made in accordance with the law and was properly based upon petitioner's violation of institutional rules, judicial review is precluded (see, Correction Law § 803;Matter of Urbina v. McGinnis, supra, at 536). Petitioner's remaining claims have been examined and found to be unpersuasive.

ORDERED that the judgment is affirmed, without costs.