MATTER OF HINEY v. LA VALLE


85 Misc.2d 510 (1975)

In the Matter of David J. P. Hiney, Petitioner, v. J. Edwin La Vallee, as Superintendent of Clinton Correctional Facility, Respondent.

Supreme Court, Special Term, Clinton County.

December 17, 1975


Attorney(s) appearing for the Case

David J. P. Hiney, petitioner pro se. Louis J. Lefkowitz, Attorney-General (Charles H. Lewis of counsel), for respondent.


GUY A. GRAVES, J.

Petitioner has brought a CPLR article 78 proceeding to compel respondent to correctly compute petitioner's conditional release date.

In the argument at Special Term, respondent did not disagree with petitioner's arithmetic but stressed that the underlying conviction and sentence was for a reformatory term and not an indeterminate term and that there is no good time which may be earned or accrued in reformatory terms. Respondent...

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