Opinion
5907
January 17, 2002.
Order, Supreme Court, Bronx County (Robert Straus, J.), entered on or about January 11, 2001, which denied petitioner's application for a writ of habeas corpus seeking to vacate a parole revocation warrant and dismissed the petition, unanimously affirmed, without costs.
Donald D. Davis, pro se for relator-appelant.
Before: Ellerin, J.P., Lerner, Rubin, Buckley, Friedman, JJ.
Substantial evidence supports the probable cause finding (see, Matter of Bulger v. Bd. of Parole, 183 A.D.2d 451, 452; Executive Law § 259-i[c][iv]). The habeas court correctly declined to disturb the hearing officer's credibility determinations. Petitioner's procedural contentions are academic since he declines to seek a new hearing, which would be his remedy for the alleged violations (see, Town of Wallkill v. Bd. of Real Prop. Servs., 274 A.D.2d 856, 858, lv denied, 95 N.Y.2d 770). Were we to reach those arguments, we would reject them.
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.