Birden v. Department of Correctional Services
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
— Judgment unanimously reversed on the law and matter remitted to Supreme Court, Cayuga County, for further proceedings, in accordance with the following memorandum: Petitioner commenced this CPLR article 78 proceeding for an order compelling respondents to recompute his jail-time credits and award him 232 days of credit. At issue is time spent in jail in Onondaga County before he was released on bail and time spent in confinement in New Jersey pursuant to, a New York detainer warrant. We conclude that petitioner sufficiently *844demonstrated the existence of factual issues as to each confinement…
2Cases cited6 opinions
- Mtr. Lezette v. Bd. of Educ., HudsonNew York Court of Appeals · 1974
- Middleton v. StateAppellate Division of the Supreme Court of the State of New York · 1976
- Middleton v. StateNew York Court of Appeals · 1977
- Peterson v. New York State Department of Correctional ServicesAppellate Division of the Supreme Court of the State of New York · 1984
- Brooks v. DalsheimAppellate Division of the Supreme Court of the State of New York · 1984
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3Cited by4 opinions
- Guido v. GoordNew York Court of Appeals · 2004
- Guido v. GoordAppellate Division of the Supreme Court of the State of New York · 2002
- People ex rel. McNair v. AllardAppellate Division of the Supreme Court of the State of New York · 2003
- State v. HarnumSupreme Court of New Hampshire · 1997