3 No. 66
In the Matter of Anthony Bottom,
Appellant,
v.
Glenn S. Goord, as Commissioner of the New York State Department of
Correctional Services, et al.,
Respondents.
_________________________________________________________________
2001 NY Int. 53
May 8, 2001
This memorandum is uncorrected and subject to revision before
publication in the New York Reports.
Betsy C. Sterling, for appellant.
Lew A. Millenbach, for respondents.
Legal Aid Society, Criminal Defense Division, amicus curić.
_________________________________________________________________
_________________________________________________________________
MEMORANDUM:
The order of the Appellate Division should be reversed, with costs,
and respondents' motion to dismiss denied.
On February 25, 1972, following his conviction of crimes committed in
the State of California, petitioner was sentenced to serve a term of
one year to life in prison. On or about December 5, 1972, petitioner
was extradited to New York, where he was convicted of murder and
sentenced to 25 years to life. Petitioner remained in the custody of
the New York City Department of Correction until May 19, 1975 when he
was returned to California to complete his sentence there.
Petitioner was paroled from his California sentence on September 19,
1977 and transferred to the custody of the New York City Department of
Correction. He remained in its custody for 58 days prior to his
transfer to the State Department of Correctional Services. At that
time, the City Department of Correction calculated 58 days of jail
time credit.
By letter to the City Commissioner of Correction dated December 1,
1998, petitioner requested a recalculation of his jail time credit to
account for the period of two and one-half years between 1972 and 1975
that he had spent in New York awaiting trial. The Commissioner did not
SNIPPETS:
This memorandum is uncorrected and subject to revision before publication in the New York
Betsy C. Sterling, for appellant.
Lew A. Millenbach, for respondents.
The order of the Appellate Division should be reversed, with costs, and respondents' motion
On February 25, 1972, following his conviction of crimes committed in the State of
Petitioner remained in the custody of the New York City Department of Correction until May
He remained in its custody for 58 days prior to his transfer to the State Department of
By letter to the City Commissioner of Correction dated December 1, 1998, petitioner requested
On February 22, 1999, by verified petition pursuant to CPLR article 78 against the City and
Correction Law § 600-a requires the City Commissioner to keep a record of the jail time to
The calculation of jail time credit, pursuant to Correction Law § 600-a and Penal Law §
of Parole,, 10 NY2d 116, 121-122).
Where a person seeks to compel the performance of a purely ministerial act, such relief may
Under those circumstances, the proceeding must be commenced within four months "after the
Here, petitioner timely commenced this proceeding in February 1999 after he received no
Chief Judge Kaye and Judges Smith, Levine, Ciparick, Wesley and Rosenblatt concur.
|
