Opinion
June 12, 1989
Appeal from the Supreme Court, Dutchess County (Nastasi, J.).
Ordered that the judgment is affirmed, without costs or disbursements.
The record demonstrates that the petitioner's jail-time credit has been properly calculated and that he is not entitled to the additional credit which he sought in the petition (see, Penal Law § 70.30 [a]; Matter of Kalamis v. Smith, 42 N.Y.2d 191; Matter of Canada v. McGinnis, 36 A.D.2d 830, affd 29 N.Y.2d 853; Matter of Fontaine v. Reid, 135 A.D.2d 815, lv denied 71 N.Y.2d 804). Accordingly, the Supreme Court acted properly in dismissing the proceeding. Mollen, P.J., Bracken, Rubin, Sullivan and Rosenblatt, JJ., concur.