Serfaty ex rel. Galvin v. Jablonsky

—In a proceeding pursuant to CPLR article 78, inter alia, to compel the respondent to recalculate the petitioner’s aggregate term of incarceration, the petitioner appeals from so much of a judgment of the Supreme Court, Nas*414sau County (Schmidt, J.), entered November 13, 1996, as, after a hearing, denied that branch of his petition which was to direct the respondent to reduce his aggregate term of incarceration to two years pursuant to Penal Law § 70.30 (2) (b). The notice of appeal from the decision dated September 20, 1996, is deemed a premature notice of appeal from the judgment (see, CPLR…