Bernier v. New York State Department of Correctional Services

—Mugglin, J.

Appeal from a judgment of the Supreme Court (Kavanagh, J.), entered November 19, 1999 in Albany County, which dismissed petitioner’s application, in a proceeding pursuant to CPLR article 78, for failure to state a cause of action.

On June 11, 1991, petitioner was sentenced in Federal court to 35 years in prison. Petitioner was subsequently returned to State custody and upon conviction sentenced in Supreme Court, New York County, on January 16, 1992 to an aggregate term of 121/2 to 25 years, to run consecutively to the Federal sentence. In this proceeding, petitioner challenges his…