Morse v. Fogg

In a proceeding pursuant to CPLR article 78 inter alia to secure additional jail time credit, petitioner appeals from a judgment of the Supreme Court, Dutchess County, dated September 4, 1975, which, after a hearing, dismissed the petition. Judgment affirmed, without costs or disbursements. We affirm here inasmuch as we may do so without prejudice to petitioner’s substantial rights. However, we steadfastly reaffirm our observation in Matter of Beattie v New York State Bd. of Parole (47 AD2d 656, affd 39 NY2d 445) that the board’s continued indifference toward the provision of prompt…