People ex rel. Langone v. New York State Department of Correctional Services

OPINION OF THE COURT

Lawrence H. Ecker, J.

This proceeding raises an apparent issue of first impression involving petitioner Albert Muniz, a federal prisoner, who is serving both state and federal sentences. Muniz brings this special proceeding pursuant to CPLR articles 70 and 78 seeking relief from a New York State detainer warrant lodged against him at the federal correctional institution in Otisville, New York in Orange County where he is currently serving both sentences. He alleges a failure to act on the part of the respondents New York State Department of Correctional Services (DOCS) and…