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

506795.

66 A.D.3d 1309 (2009)

888 N.Y.S.2d 648

2009 NY Slip Op 7728

In the Matter of BRUCE LOPEZ, Respondent, v. NEW YORK STATE DEPARTMENT OF CORRECTIONAL SERVICES et al., Appellants.

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

Decided October 29, 2009.


Petitioner was convicted of multiple felonies in 1981, 1984, 1987, 1993, 1996 and 2004 and was sentenced in each instance as a second felony offender to various terms of imprisonment. Petitioner's 1984 sentence and commitment order did not specify the manner in which that sentence was to run relative to the undischarged portion of petitioner's 1981 term, but it appears that respondent Department of Correctional Services (hereinafter respondent) initially treated those sentences...

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