Petitioner was not entitled to have his New York prison sentence run concurrently with the sentence he was serving in North Carolina at the time he was sentenced in New York (see, Penal Law § 70.25; § 70.30 [2-a]). Consequently, were we to assume that respondent had an obligation to certify good time accrued by an inmate, petitioner is not presently eligible for release from his New York sentence and, given that the availability of good time credit will be based in part upon future conduct, there is no clear legal right to the relief requested. This proceeding in the nature of mandamus was therefore properly dismissed (see, Klostermann v. Cuomo, 61 N.Y.2d 525, 539; Matter of Patchogue Nursing Ctr. v. New York State Dept. of Health, 189 A.D.2d 1054).
Weiss, P.J., Mercure, Cardona, Mahoney and Casey, JJ., concur. Ordered that the judgment is affirmed, without costs.