Noble v. New York State Department of Correctional Services

Appeal from a judgment of the Supreme Court (Bradley, J.), entered January 31, 2006 in Albany County, which dismissed petitioner’s application, in a proceeding pursuant to CPLR article 78, to review a determination of respondent denying his request to recalculate the expiration date of his sentence.

On April 10, 1996, petitioner began serving a New York prison term of 4V2 to 9 years for criminal possession of a controlled substance in the third degree which was to run concurrently with a prison term that he was serving in Maryland. By this CPLR article 78 proceeding, petitioner challenged the…