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MATTER OF HOLLIMAN v. NEW YORK STATE DEPARTMENT OF CORRECTIONAL SERVICES

506800.

66 A.D.3d 1075 (2009)

885 N.Y.S.2d 444

2009 NY Slip Op 6756

In the Matter of DANIEL HOLLIMAN, Respondent, v. NEW YORK STATE DEPARTMENT OF CORRECTIONAL SERVICES, Appellant.

Appellate Division of the Supreme Court of New York, Third Department.

Decided October 1, 2009.

In August 2001, petitioner was sentenced as a second felony offender to an aggregate prison term of 25 to 50 years following his conviction of various drug-related crimes. Neither the sentencing minutes nor the commitment order specified the manner in which the sentences imposed were to run relative to petitioner's prior undischarged prison term. Respondent calculated petitioner's 2001 sentences as running consecutively to his...

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