Rabaev v. Yelich

Appeal from a judgment of the Supreme Court (Feldstein, J), entered May 4, 2009 in Franklin County, which, in a proceeding pursuant to CPLR article 78, granted respondents’ motion to dismiss the petition.

In 2006, petitioner was sentenced as a second felony offender to a prison term of 2 to 4 years upon his conviction of criminal *1302possession of stolen property in the third degree. Neither the sentence and commitment order, nor the sentencing minutes, specified the manner in which this sentence was to run relative to petitioner’s prior undischarged prison terms. Respondent Department of'…