Anderson v. Kirk

— Mikoll, J.

Appeal from a judgment of the Supreme Court (Klein, J.), entered December 17, 1987 in Ulster County, which dismissed petitioner’s application, in a proceeding pursuant to CPLR article 78, to review a determination of the Department of Correctional Services denying petitioner’s request to have his criminal sentence recomputed.

The issue before us is whether petitioner is entitled to credit for time spent on parole after his original sentence for criminal possession of a controlled substance in the third degree was vacated on April 23, 1984 until he was discharged from parole on…