Alston v. New York State Department of Correctional Services

Appellate Division of the Supreme Court of New York

Alston v. New York State Department of Correctional Services

79 A.D.2d 973, 436 N.Y.S.2d 996, 1981 N.Y. App. Div. LEXIS 9853

CourtAppellate Division of the Supreme Court of the State of New York

DecidedJanuary 5, 1981

StatusPublished

This text of 79 A.D.2d 973 (Alston v. New York State Department of Correctional Services) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Alston v. New York State Department of Correctional Services, 79 A.D.2d 973, 436 N.Y.S.2d 996, 1981 N.Y. App. Div. LEXIS 9853 (N.Y. Ct. App. 1981).

Pincite

Opinion

In a proceeding pursuant to CPLR article 78 to compel the State Department of Correctional Services to recompute petitioner’s sentence and conditional release date solely on the basis of the aggregate maximum term of petitioner’s 1976 sentences, the department appeals from a judgment of the Supreme Court, Dutchess County, dated July 9,1979, which granted the application. Judgment affirmed, without costs or disbursements. Since the only grounds for petitioner’s current incarceration are his 1976 sentences, Special Term properly determined that appellant could not consider his 1967 and 1968 sentences in computing petitioner’s conditional release date. Titone, J.P., Mangano, Gulotta and Weinstein, JJ., concur.

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In a proceeding pursuant to CPLR article 78 to compel the State Department of Correctional Services to recompute petitioner’s sentence and conditional release date solely on the basis of the aggregate maximum term of petitioner’s 1976 sentences, the department appeals from a judgment of the Supreme Court, Dutchess County, dated July 9,1979, which granted the application. Judgment affirmed, without costs or disbursements. Since the only grounds for petitioner’s current incarceration are his 1976 sentences, Special Term properly determined that appellant could not consider his 1967 and 1968 sentences in computing petitioner’s conditional release date. Titone, J.P., Mangano, Gulotta and Weinstein, JJ., concur.

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Bluebook (online)

79 A.D.2d 973, 436 N.Y.S.2d 996, 1981 N.Y. App. Div. LEXIS 9853, Counsel Stack Legal Research, https://law.counselstack.com/opinion/alston-v-new-york-state-department-of-correctional-services-nyappdiv-1981.