Epps v. Hunt

Appeal from a judgment of the Supreme Court (Cobb, J.), entered November 13, 1989 in Ulster County, which, in a proceeding pursuant to CPLR article 78, granted respondent’s motion to dismiss the petition on the ground of res judicata.

Petitioner was convicted, sentenced and incarcerated in New York in 1977. He then was extradited to Georgia, where he was convicted of numerous crimes relating to an earlier escape. Georgia authorities returned petitioner to New York to complete his New York sentences and filed commitment detainers, which petitioner concedes were valid, so that petitioner would…