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MTR. OF GRIER v. FLOOD

84 Misc.2d 4 (1975)

In the Matter of Eric Grier, Petitioner, v. Walter J. Flood, as Warden of the Nassau County Jail, Respondent.

Supreme Court, Special Term, Nassau County.

October 10, 1975

Attorney(s) appearing for the Case

James J. McDonough for petitioner. Denis Dillon, District Attorney, for respondent.

ALBERT A. OPPIDO, J.

This is a proceeding, pursuant to CPLR article 78 to compel the respondent to apply 174 days of jail time credit against the petitioner's sentence imposed in Nassau County, which is to be served concurrently with a sentence previously imposed in Queens County. The petitioner has argued that under the holding of People ex rel. Middleton v Zelker (42 A.D.2d 998

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