Caban v. Fischer

*1406In 2007, petitioner was sentenced, as a second felony drug offender whose prior felony conviction was for a violent felony, to a term of imprisonment of eight years to be followed by three years of postrelease supervision. Neither the sentence and commitment order nor the sentencing minutes made any mention of how this sentence was to run relative to petitioner’s prior undischarged prison term. The Department of Correctional Services calculated petitioner’s 2007 sentence as running consecutively to his prior undischarged term, prompting petitioner to commence this CPLR article 78 proceeding…