Al-Ibrahim v. Fischer

Appeal from a judgment of the Supreme Court (Donohue, J.), entered January 20, 2009 in Albany County, which granted petitioner’s application, in a proceeding pursuant to CPLR article 78, to annul a determination of the Department of Correctional Services calculating petitioner’s prison sentence.

In June 2007, petitioner was sentenced as a second felony offender to a prison term of six years followed by five years of *1311postrelease supervision. The sentence and commitment order did not specify the manner in which this sentence was to run relative to petitioner’s prior undischarged prison term. The…