Boyle v. Rivera

Appeal from a judgment of the Supreme Court (Work, J.), entered January 21, 2009 in Ulster County, which granted petitioner’s application, in a proceeding pursuant to CFLR article 78, to annul a determination of the Department of Correctional Services calculating petitioner’s prison sentence.

In October 2002, petitioner was sentenced as a second felony offender to concurrent prison terms of 21/2 to 5 years upon his conviction of grand larceny in the third degree, robbery in the third degree and reckless endangerment in the first degree. Thereafter, in December 2002, petitioner was sentenced as…