Velez v. Annucci

Appeal from a judgment of the Supreme Court (Sackett, J.), entered May 7, 2009 in Albany County, which, in a proceeding pursuant to CPLR article 78, granted respondent’s motion to dismiss the petition.

In 2006, petitioner was sentenced as a second felony offender to a prison term of IV2 to 3 years upon his conviction of attempted robbery in the third degree. Neither the sentence and *1299commitment order nor the sentencing minutes specified the manner in which this sentence was to run relative to petitioner’s prior undischarged prison term. The Department of Correctional Services calculated…