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Matter of Babchak v. Russi

Appellate Division of the Supreme Court of New York, Third Department
Dec 9, 1993
199 A.D.2d 657 (N.Y. App. Div. 1993)

Opinion

December 9, 1993

Appeal from the Supreme Court, Albany County.


We have examined petitioner's claim that the determination revoking his parole was not supported by substantial evidence and we find it to be without merit. While petitioner asserts that the evidence against him presented by his wife at the hearing was not believable, it was for respondent to finally determine all credibility issues. Finally, we conclude that it was not an abuse of discretion in this case for respondent to determine that petitioner should not be considered for reparole for five years.

Weiss, P.J., Crew III, Cardona, White and Casey, JJ., concur. Adjudged that the determination is confirmed, without costs, and petition dismissed.


Summaries of

Matter of Babchak v. Russi

Appellate Division of the Supreme Court of New York, Third Department
Dec 9, 1993
199 A.D.2d 657 (N.Y. App. Div. 1993)
Case details for

Matter of Babchak v. Russi

Case Details

Full title:In the Matter of RONALD BABCHAK, Petitioner, v. RAUL RUSSI, as Chairman of…

Court:Appellate Division of the Supreme Court of New York, Third Department

Date published: Dec 9, 1993

Citations

199 A.D.2d 657 (N.Y. App. Div. 1993)
605 N.Y.S.2d 975