Witteck v. Superintendent, Wallkill Correctional Facility

OPINION OF THE COURT

Aaron E. Klein, J.

Petitioner, Robert Witteck, brings this CPLR article 78 proceeding for a court order to direct the Superintendent of the Wallkill Correctional Facility and the New York State Department of Correctional Services to modify petitioner’s minimum parole eligibility date from August 30, 1981 to November 18, 1976 by crediting petitioner with four years, nine months and 12 days of time petitioner served in the State of Florida under a previously imposed Florida sentence.

This proceeding was brought on by order to show cause signed by Mr. Justice Joseph Jiudice on…