People ex rel. Davis v. Warden of Rikers Island Correctional Facility

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. Substantial evidence supports the probable cause finding (see, Matter of Bulger v Board of Parole, 183 AD2d 451, 452; Executive Law § 259-i [3] [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, Matter of Town of Wallkill v New York State Bd. of Real Prop. Servs., 274 AD2d 856, 858, lv denied 95 NY2d 770). Were we to reach those arguments, we would reject them. Concur — Ellerin, J.P., Lerner, Rubin, Buckley and Friedman, JJ.