GONZALEZ v. KEARNEY


62 A.D.2d 345 (1978)

In the Matter of Carlos Gonzalez, Respondent, v. Norena Kearney, as Head Clerk of The Fishkill Correctional Facility, Appellant

Appellate Division of the Supreme Court of the State of New York, Second Department.

May 15, 1978


Attorney(s) appearing for the Case

Louis J. Lefkowitz, Attorney-General (Jill Schenkel, Samuel A. Hirshowitz and Clement H. Berne of counsel), for appellant.

Amanda Potterfield and Daniel Steinbock for respondent.

DAMIANI, RABIN and SHAPIRO, JJ., concur.


HOPKINS, J. P.

The petitioner brought this proceeding to compel the Department of Correctional Services, which denied him certain jail time credit claimed under the statute (see Penal Law, § 70.30), to grant him that credit. The petition was granted and this appeal followed. We reverse and deny the petition. The statutory provisions in question do not authorize credit for jail time served preliminary to...

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