McMoore v. Fischer

Appeal from a judgment of the Supreme Court (Stein, J.), entered December 11, 2007 in Albany County, which dismissed petitioner’s application, in a proceeding pursuant to CPLR article 78, to review a determination of the Department of Correctional Services calculating petitioner’s sentence.

In May 1984, petitioner was sentenced as a second felony offender to 2% to 5 years in prison for attempted robbery in the second degree. He was thereafter released to parole supervision and, in March 1987, was sentenced to a prison term of 2xh to 5 years for criminal possession of a weapon in the third…