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Matter of Panna v. Netzel

Appellate Division of the Supreme Court of New York, Fourth Department
Dec 21, 1990
168 A.D.2d 958 (N.Y. App. Div. 1990)

Opinion

December 21, 1990

Appeal from the Supreme Court, Erie County, McGowan, J.

Present — Denman, J.P., Boomer, Pine, Balio and Davis, JJ.


Determination unanimously confirmed and petition dismissed. Memorandum: Petitioner's argument that respondent's determination to revoke his parole is not supported by substantial evidence was not asserted in his "petition" or in his attorney's affidavit in support of that "petition". The issue is raised for the first time in petitioner's brief and therefore is not before us (see, Matter of Williams v. Kelly, 132 A.D.2d 948; Matter of Belgrave v. Ward, 72 A.D.2d 898). We find, nonetheless, that respondent's determination is supported by a preponderance of the evidence (see, Executive Law § 259-i [f] [viii]; People ex rel. Saafir v. Mantello, 163 A.D.2d 824).


Summaries of

Matter of Panna v. Netzel

Appellate Division of the Supreme Court of New York, Fourth Department
Dec 21, 1990
168 A.D.2d 958 (N.Y. App. Div. 1990)
Case details for

Matter of Panna v. Netzel

Case Details

Full title:In the Matter of MICHAEL PANNA, Petitioner, v. FREDERICK NETZEL, as…

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

Date published: Dec 21, 1990

Citations

168 A.D.2d 958 (N.Y. App. Div. 1990)
564 N.Y.S.2d 910

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