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MATTER OF McDERMOTT v. ANNUCCI

532416.

196 A.D.3d 986 (2021)

148 N.Y.S.3d 402

2021 NY Slip Op 04526

In the Matter of Kwame McDermott, Petitioner, 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 July 22, 2021.

Attorney(s) appearing for the Case

Kwame McDermott, Malone, petitioner pro se.

Letitia James , Attorney General, Albany ( Frank Brady of counsel), for respondents.

Egan Jr., J.P., Clark, Aarons, Reynolds Fitzgerald and Colangelo, JJ., concur.

Petitioner, a prison inmate, commenced this CPLR article 78 proceeding challenging his date of delinquency and seeking a recalculation of his jail time credit. Respondent Dutchess County Sheriff answered and agreed that petitioner was entitled to the 375 days of jail time credit sought in the petition and directed the Department of Corrections and Community Supervision to accept the certification of jail time credit to that effect...

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