Mabery v. Mann

—Appeal from a judgment of the Supreme Court (Bradley, J.), entered November 20, 1992 in Ulster County, which dismissed petitioner’s application, in a proceeding pursuant to CPLR article 78, to compel respondent to certify that petitioner is entitled to have 8V2 years of good time credited to his prison sentence.

Petitioner was not entitled to have his New York prison sentence run concurrently with the sentence he was serving in North Carolina at the time he was sentenced in New York (see, Penal Law § 70.25 [4]; § 70.30 [2-a]). Consequently, were we to assume that respondent had an obligation…