MATTER OF LAMONT v. FISCHER

516460

115 A.D.3d 1073 (2014)

981 N.Y.S.2d 923

2014 NY Slip Op 1646

In the Matter of HENRI LAMONT, Appellant, v. BRIAN FISCHER, as Commissioner of Corrections and Community Supervision, et al., Respondents.

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

Decided March 13, 2014.


Petitioner commenced this CPLR article 78 proceeding challenging the omission of any merit time eligibility in the computation of his sentence. Following joinder of issue, Supreme Court dismissed the petition and this appeal ensued.

We are unpersuaded by petitioner's contention that his eligibility for a merit time allowance should be governed solely by the sentenced imposed upon his 2012 non-violent felony conviction. Pursuant to Correction Law § 803 (1) (d...

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