Martin v. Annucci

Appeals (1) from a judgment of the Supreme Court (Gilpatric, J.), entered February 18, 2014 in Ulster County, which, in a proceeding pursuant to CPLR article 78, sua sponte, dismissed the petition, and (2) from a judgment of said court, entered May 6, 2014 in Ulster County, which denied petitioner’s motion to renew.

Petitioner commenced this CPLR article 78 proceeding to challenge the omission of merit time eligibility in the computation of his sentence. He failed to serve respondents as required by the order to show cause, prompting Supreme Court to dismiss the petition sua sponte. Supreme…