Gee v. Desimone

*1117Appeal from a judgment of the Supreme Court (Mercure, J.), entered August 27, 2013 in Albany County, which, in a proceeding pursuant to CPLR article 78, granted respondent’s motion to dismiss the petition.

Petitioner commenced this CPLR article 78 proceeding seeking to compel respondent to notify the sentencing court and other individuals, in accordance with Correction Law § 601-a, that he was erroneously sentenced in 1998 as a persistent violent felony offender. Supreme Court granted respondent’s motion to dismiss the petition, finding that petitioner was collaterally estopped from…