Edwards v. Travis

Appeal from a judgment of the Supreme Court (McNamara, J.), entered February 19, 2004 in Albany County, which dismissed petitioner’s application, in a proceeding pursuant to CPLR article 78, to review a determination of the Department of Correctional Services calculating petitioner’s parole eligibility date.

On May 20, 1993, when petitioner was sentenced in Queens County to a prison term of 1½ to 4½ years, he had already been incarcerated on the underlying charge for 694 days (one year, 10 months and 29 days). On July 20, 1993, when petitioner was received by the Department of Correctional…