Lamont v. Fischer

Appeal from a judgment of the Supreme Court (Devine, J.), entered March 6, 2013 in Albany County, which dismissed petitioner’s application, in a proceeding pursuant to CPLR article 78, to review a determination of respondent Department of Corrections and Community Supervision computing petitioner’s prison sentence.

Petitioner commenced this CPLR article 78 proceeding challenging the omission of any merit time eligibility in the computation of his sentence. Following joinder of issue, Supreme Court dismissed the petition and this appeal ensued.

We are unpersuaded by petitioner’s contention that…