IN RE: Michael FORMAN (1999)

Appeal from a judgment of the Supreme Court (Canfield, J.), entered April 14, 1998 in Albany County, which dismissed petitioner's application, in a proceeding pursuant to CPLR article 78, to review a determination of respondents which calculated the length of petitioner's sentence.

Petitioner was convicted of the crime of manslaughter in the first degree and in December 1977 he was sentenced to a prison term of 81/313 to 25 years.   Following his release on parole supervision, petitioner pleaded guilty to the crime of attempted grand larceny in the third degree and was sentenced to a prison term of 11/212 to 3 years in January 1996.   Notwithstanding the sentencing court's failure to address the issue in the order of commitment, the sentence imposed upon petitioner in 1996 is required to be served consecutively with his preexisting unexpired 1977 sentence (see, Penal Law § 70.25[2-a];  Matter of White v. Van Zandt, 236 A.D.2d 763, 654 N.Y.S.2d 836;  Matter of Santiago v. Van Zandt, 236 A.D.2d 728, 654 N.Y.S.2d 421, appeal dismissed 89 N.Y.2d 1085, 659 N.Y.S.2d 858, 681 N.E.2d 1305).   We accordingly reject petitioner's contention that respondents improperly calculated his maximum sentence expiration date.

ORDERED that the judgment is affirmed, without costs.

MEMORANDUM DECISION.