Judgment unanimously affirmed. Memorandum: In affirming we do not reach or pass upon the merits of the basic issue decided by Special Term. That issue was the amount of jail time which should "become and be calculated as a part of the term of the sentence imposed upon him" (Penal Law, § 2193). In addition appellant sought to examine certain named State officials in an attempt to resolve the issue. We agree with the preliminary observation of Special Term that the proceeding was improperly brought against the Warden of the prison. Section 2193 of former Penal Law placed the duty on the official having custody of a defendant to furnish to the sentencing Judge a certificate showing the length of time spent by a defendant in jail. Upon the facts here presented that official would be the Commissioner of Correction of New York City (Administrative Code of City of New York, § 623(4)-8.0; cf. Matter of Parker v. Kross, 41 Misc.2d 241; see, also, Code Crim. Pro., § 489-a). We conclude that appellant should be relegated to seeking relief in a proceeding against the proper party or parties (cf. People v. Nagler, 21 A.D.2d 490, 494).