Santiago v. Germain

Appeal from a judgment of the Supreme Court (Breslin, J.), entered December 4, 2013 in Albany County, which dismissed petitioner’s application, in a proceeding pursuant to CFLR article 78, to review a determination of the Department of Corrections and Community Supervision calculating the length of petitioner’s prison sentence.

Supreme Court properly dismissed this CFLR article 78 proceeding, which petitioner commenced to challenge the computation of his jail time credit. While on parole from a 2004 conviction, petitioner was arrested and charged with a new offense in 2006. Fetitioner remained…