Patrek v. McGinnis

Appeal from an order of the Supreme Court at Special Term which dismissed for insufficiency the petition in a proceeding in the nature of mandamus under article 78 of the Civil Practice Act. Petitioner was sentenced on April 2, 1935 to 12 years and 6 months for a felony committed February 21, 1935. With credit for jail time, his maximum term would normally have expired on August 23,1947. He was paroled on July 6, 1943, owing, according to the computation of the Department of Correction, 4 years, 1 month and 17 days and this time he was later required to serve before commencing a sentence…