Nieves v. Department of Correctional Services

Appeal from a judgment of the Supreme Court (Spargo, J.), entered June 20, 2005 in Albany County, which dismissed petitioner’s application, in a proceeding pursuant to CPLR article 78, to review a determination of respondent calculating petitioner’s parole eligibility date.

In May 1979, petitioner was sentenced to two concurrent prison terms with a maximum term of seven years. Petitioner was received by respondent on July 18, 1979 and was credited with 1,083 days of jail time for the period he spent in local custody prior to his imprisonment. After serving a portion of his sentence, petitioner…