PEO (BENEDETTI) v. WALTERS


114 Misc.2d 47 (1982)

The People of the State of New York ex rel. R. Roland Benedetti, on Behalf of Pasquale Casale, Petitioner, v. Wilson Walters, as Superintendent of the Ossining Correctional Facility, et al., Respondents.

Supreme Court, Special Term, Richmond County.

May 11, 1982


Attorney(s) appearing for the Case

R. Roland Benedetti petitioner, pro se. Robert Abrams, Attorney-General (Edward J. Perry, Jr., of counsel), for respondents.


ALAN BROOMER, J.

This is an article 78 proceeding, essentially attacking petitioner's release date fixed by the Department of Correction and for other collateral relief. Petitioner challenges a determination by the department refusing to run a subsequently imposed State prison sentence and a subsequently imposed Federal sentence, concurrently with an undischarged State prison sentence arising out of a violation of his parole on an earlier sentence.

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