Rayborn v. Coughlin

—In a proceeding pursuant to CPLR article 78, inter alia, to compel the respondent to grant him certain jail-time credit, the petitioner appeals from a judgment of the Supreme Court, Dutchess County (Hillery, J.), dated August 2, 1989, which dismissed the proceeding.

Ordered that the judgment is affirmed, without costs or disbursements.

At issue here is whether a term of imprisonment imposed in New York should run concurrently or consecutively to a previously undischarged Federal sentence.

Penal Law § 70.25 (4) states, in part, that "[w]hen a person, *592who is subject to any undischarged term of…