Hiney v. La Vallee

Petitioner has brought a CPLR article 78 proceeding to compel respondent to correctly compute petitioner’s conditional release date.

In the argument at Special Term, respondent did not disagree with petitioner’s arithmetic but stressed that the underlying conviction and sentence was for á reformatory term and not an indeterminate term and that there is no good time which may be earned or accrued in reformatory terms. Re*511spondent relies principally on authority established in People v Jiminez (71 Misc 2d 867) and departmental policy.

The sole question, then, is whether the petitioner, originally…