Ryans v. Annucci

Appeal from a judgment of the Supreme Court (Feldstein, J.), entered November 6, 2006 in Clinton County, which dismissed *1002petitioner’s application, in a proceeding pursuant to CPLR article 78, to review a determination of the Department of Correctional Services denying petitioner’s request for a recalculation of his parole eligibility date.

Upon his conviction of murder in the second degree, petitioner was sentenced in 2005 to a term of imprisonment of 25 years to life. He thereafter commenced this CPLR article 78 proceeding seeking jail time credit for time that he had served in local custody…