THOMAS v. MOODY


85 Misc.2d 666 (1975)

In the Matter of George Thomas, Petitioner, v. Rodney Moody, as Clerk of Clinton Correctional Facilities, Respondent.

Supreme Court, Special Term, Clinton County.

December 9, 1975


Attorney(s) appearing for the Case

George Thomas, pro se and John A. Lahtinen for George Thomas, petitioner. Louis J. Lefkowitz, Attorney-General (Charles H. Lewis of counsel), for respondent.


GUY A. GRAVES, J.

In this CPLR article 78 proceeding, there was no dispute over the facts; the sole question was whether petitioner was entitled to a credit for "jail time" from June 22, 1974 to December 18, 1974 against his maximum expiration date as computed by respondent. Petitioner had been out on parole from his first felony sentence for a term of 0 to 8 years; was declared delinquent on April 1, 1974 when...

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