Seda v. Foley

Raymond E. Aldrich, Jr., J.

Petitioner moves by order to show cause for a judgment pursuant to CPLR article 78 compelling respondents to apply petitioner’s jail time credits against the minimum term of his sentence as established by a parole release hearing during October, 1975 held pursuant to subdivision 2 of section 212 of the Correction Law, alleging in support of his petition that under the provisions of chapter 21 of the Laws of 1976, he is entitled to a credit for such time notwithstanding the fact that his minimum term of imprisonment was established by respondents pursuant to…