Panna v. Netzel

Appellate Division of the Supreme Court of New York

Panna v. Netzel

168 A.D.2d 958, 566 N.Y.S.2d 563, 1990 N.Y. App. Div. LEXIS 16512

CourtAppellate Division of the Supreme Court of the State of New York

DecidedDecember 21, 1990

StatusPublished

This text of 168 A.D.2d 958 (Panna v. Netzel) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Panna v. Netzel, 168 A.D.2d 958, 566 N.Y.S.2d 563, 1990 N.Y. App. Div. LEXIS 16512 (N.Y. Ct. App. 1990).

Pincite

Opinion

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 AD2d 948; Matter of Belgrave v Ward, 72 AD2d 898). We find, nonetheless, that respondent’s determination is supported by a preponderance of the evidence (see, Executive Law § 259-i [3] [f] [viii]; People ex rel. Saafir v Mantello, 163 AD2d 824). (Article 78 proceeding transferred by order of Supreme Court, Erie County, McGowan, J.) Present—Denman, J. P., Boomer, Pine, Balio and Davis, JJ.

Free access — add to your briefcase to read the full text and ask questions with AI

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 AD2d 948; Matter of Belgrave v Ward, 72 AD2d 898). We find, nonetheless, that respondent’s determination is supported by a preponderance of the evidence (see, Executive Law § 259-i [3] [f] [viii]; People ex rel. Saafir v Mantello, 163 AD2d 824). (Article 78 proceeding transferred by order of Supreme Court, Erie County, McGowan, J.) Present—Denman, J. P., Boomer, Pine, Balio and Davis, JJ.

Cite This Page — Counsel Stack

Bluebook (online)

168 A.D.2d 958, 566 N.Y.S.2d 563, 1990 N.Y. App. Div. LEXIS 16512, Counsel Stack Legal Research, https://law.counselstack.com/opinion/panna-v-netzel-nyappdiv-1990.

Opinion

Related

Cite This Page — Counsel Stack