Thomas v. Department of Corrections & Community Supervision

Appeal from a judgment of the Supreme Court (McDonough, J.), entered October 3, 2012 in Greene County, which dismissed petitioner’s application, in a proceeding pursuant to CPLR article 78, to review a determination of respondent Department of Corrections and Community Supervision computing petitioner’s prison sentence.

In 1992, petitioner was sentenced to an aggregate sentence of 121/s to 37 years in prison as the result of his conviction of two counts of sodomy in the first degree, one count of rape in the first degree, two counts of sodomy in the third degree and one count of rape in the…