IN THE MATTER OF REYNOLDS v. DUSTMAN


1 N.Y.3d 559 (2003)

804 N.E.2d 411

772 N.Y.S.2d 247

In the Matter of JOHN L. REYNOLDS, Appellant, v. ERNEST J. DUSTMAN et al., Respondents.

Court of Appeals of the State of New York.

Decided December 23, 2003.


Attorney(s) appearing for the Case

John L. Reynolds, appellant pro se.

Dennis V. Tobolski, County Attorney, Little Valley, for respondents.

Chief Judge KAYE and Judges G.B. SMITH, CIPARICK, ROSENBLATT, GRAFFEO and READ concur in memorandum.


OPINION OF THE COURT

MEMORANDUM.

The order of the Appellate Division should be reversed, with costs, and the case remitted to the Appellate Division to determine the appeal taken to that Court.

Petitioner commenced this CPLR article 78 proceeding challenging respondents' jail time credit determination. Supreme Court dismissed the petition on the merits in a paper which, although labeled a "decision," ended with a sentence stating that "[t]his decision...

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