Hot v. New York State Department of Correctional Services

Appeal from a judgment of the Supreme Court (LaBuda, J.), entered December 29, 2009 in Sullivan County, which, in a proceeding pursuant to CPLR article 78, granted a motion by respondent Sullivan County Sheriff to dismiss the petition.

In May 2005, petitioner, who was on probation for a conviction rendered in Sullivan County, was arrested in New York County on a robbery charge and committed to the custody of respondent New York City Department of Correction. A violation of probation petition was then filed in Sullivan County and, on July 13, 2005, petitioner pleaded guilty to violating his…