Phillips v. Fischer

Appeal from a judgment of the Supreme Court (O’Connor, J.), entered October 22, 2009 in Albany County, which, in a proceeding pursuant to CPLR article 78, granted respondent’s motion to dismiss the petition.

In December 1997, petitioner was sentenced as a second violent felony offender to an aggregate prison term of 17V2 years upon his conviction of, among other crimes, burglary in the second degree. The sentence and commitment order was silent as to the manner in which this sentence was to run relative to petitioner’s prior undischarged prison term. The Department of Correctional Services…