Hill v. Commissioner of Correctional Services

*1211Appeal from a judgment of the Supreme Court (Donohue, J.), entered March 26, 2009 in Albany County, which, in a proceeding pursuant to CPLR article 78, granted respondents’ motion to dismiss the petition.

Petitioner, a former prison inmate, was convicted of sexual abuse in the first and second degrees in 2002 and was sentenced as a second felony offender to an aggregate prison term of four years followed by three years of postrelease supervision. Realizing that it had sentenced petitioner in error, the sentencing court later amended petitioner’s sentence to include a five-year period of…