MATTER OF MARTIN v. ANNUCCI

518773

123 A.D.3d 1213 (2014)

998 N.Y.S.2d 515

2014 NY Slip Op 08539

In the Matter of ROLAND MARTIN, Appellant, v. ANTHONY J. ANNUCCI, as Acting Commissioner of Corrections and Community Supervision, et al., Respondents.

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

Decided December 4, 2014.


Petitioner commenced this CPLR article 78 proceeding to challenge the omission of merit time eligibility in the computation of his sentence. He failed to serve respondents as required by the order to show cause, prompting Supreme Court to dismiss the petition sua sponte. Supreme Court, in a separate judgment, denied petitioner's subsequent motion to renew. Petitioner now appeals from both judgments.

Initially, we note that there is "no right of appeal from an ex parte...

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