Petrie v. New York State Division of Parole

Appeal from a judgment of the Supreme Court (Graffeo, J.), entered February 9, 1998 in Albany County, which dismissed petitioner’s application, in a proceeding pursuant to CPLR article 78, to review a determination of respondents which, inter alia, calculated the length of petitioner’s sentence.

On January 9, 1992, petitioner was convicted of the crime of attempted burglary in the second degree and sentenced to a prison term of 2V2 to 5 years with a maximum expiration date of October 30,1996. Petitioner was released on parole on March 2, 1995 and declared delinquent on May 16, 1995. Following…