Walker v. Fischer

Appeal from a *1002judgment of the Supreme Court (Feldstein, J.), entered March 5, 2012 in St. Lawrence County, which denied petitioner’s application for an order to show cause to commence a CPLR article 78 proceeding.

Petitioner, an inmate currently serving an aggregate prison term of 19V2 to 39 years in prison (see People ex rel. Walker v Yelich, 71 AD3d 1348 [2010]), filed a verified petition claiming that his 602 days of jail time credit was not applied to the aggregate maximum term and minimum period of his underlying prison sentences. Supreme Court, treating the petition as an ex parte…