People ex rel. Batista v. Walsh

Appeal from a judgment of the Supreme Court (LaBuda, J.), entered August 16, 2006 in Sullivan County, which dismissed petitioner’s application, in a proceeding pursuant to CPLR article 70, without a hearing.

Petitioner commenced this habeas corpus proceeding on the ground that the Department of Correctional Services improperly calculated his sentence and, as a result, he is being illegally detained beyond the expiration of the maximum term of his sentence. Concluding that petitioner’s sentence was properly calculated, Supreme Court dismissed the petition, prompting this appeal. We affirm.

In…