Majority
—Appeal from a judgment of the Supreme Court (Bradley, J.), entered November 22, 1999 in Ulster County, which dismissed petitioner’s application, in a proceeding pursuant to CPLR article 78, to review a determination of the Commissioner of Correctional Services withholding petitioner’s good-time allowance.
Petitioner, a prison inmate, is currently serving a prison sentence of 10 to 20 years upon his conviction of the crimes of
We affirm. It is well settled that a decision to withhold good-time allowance that is made in accordance with the law is not subject to judicial review (see, Correction Law § 803 [4]). Contrary to petitioner’s contention, participation in sex offender and aggression therapy programs does not violate his 5th Amendment rights (see, Matter of Burke v Goord, 273 AD2d 575 ). We similarly are unpersuaded by petitioner’s assertion that his failure to participate in treatment programs that were “recommended” rather than “assigned” may not serve as a basis for withholding his good-time allowance (see, id., at 575 ; Matter of Ferry v Goord, 268 AD2d 720 , 721, lv denied 94 NY2d 763 ). Inasmuch as petitioner failed to receive treatment for the very behavior that resulted in his incarceration, we find that the determination to withhold his good-time allowance is neither irrational nor contrary to law (see, Matter of Jones v Coombe, 269 AD2d 632 , lv denied 95 NY2d 755 ; Matter of Ferry v Goord, supra, at 721).
Cardona, P. J., Crew III, Carpinello, Mugglin and Rose, JJ., concur. Ordered that the judgment is affirmed, without costs.
Cases cited
- Burke v. Goord 273 AD2d 575 p. 528
- Ferry v. Goord 268 AD2d 720 at 721 p. 528
- Jones v. Coombe 269 AD2d 632 p. 528