Judgment unanimously reversed, without costs, and petition granted.
Memorandum:
In a proceeding pursuant to CPLR article 78 petitioner seeks to compel respondent to grant him certain jail time credit notwithstanding the fact that during the period in question he was not incarcerated. Special Term dismissed the petition. On December 14, 1973 petitioner was sentenced to an indeterminate term of imprisonment of zero to four years upon his conviction of driving...
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