Burton v. Annucci

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

In April 1999, petitioner was sentenced as a second violent felony offender to an aggregate prison term of 12½ to 25 years. At that time, petitioner owed four years, four months and two days on a prior undischarged prison term, and the sentence and commitment order was silent as to the manner in which the *11511999 sentences were to run relative to petitioner’s prior undischarged term. The…