Matter of Riley v. Alexander, 139 A.D.3d 1206 (N.Y. App. Div. 2016). · Go Syfert
Matter of Riley v. Alexander, 139 A.D.3d 1206 (N.Y. App. Div. 2016). Cases Citing This Book View Copy Cite
5 citation events (5 in the last 25 years) across 1 distinct court.
Top citers, strongest first. 4 distinct citers. How cited ↗
discussed Cited as authority (rule) Matter of Turner v. New York State Bd. of Parole
N.Y. App. Div. · 2025 · confidence medium
In order to warrant revocation, the alleged parole violation must be supported by clear and convincing evidence ( see Executive Law § 259-i [3] [f] [viii]; Penal Law § 70.45 [4]), and issues of credibility are for the ALJ to resolve ( see Matter of Riley v Alexander , 139 AD3d 1206, 1207 [3d Dept 2016]; Matter of Heier v Department of Corr. & Community Supervision , 113 AD3d 1018 , 1019 [3d Dept 2014]).
discussed Cited as authority (rule) Matter of Partee v. Stanford
N.Y. App. Div. · 2018 · confidence medium
Although petitioner offered a contrary version of events, "the weight to be accorded [the] testimony presented a credibility issue for the Administrative Law Judge to resolve" ( Matter of Riley v Alexander , 139 AD3d 1206, 1207 [2016]; see Matter of Shook v Evans , 121 AD3d 1141, 1142 [2014]).
discussed Cited as authority (rule) Matter of Gainey v. Stanford
N.Y. App. Div. · 2018 · confidence medium
Absent a procedural error, a revocation of parole will be upheld if it is supported by substantial evidence ( see Matter of Riley v Alexander , 139 AD3d 1206, 1207 [2016]; Matter of Williams v Evans , 129 AD3d 1408, 1409 [2015]).
discussed Cited "see" Brunson v. New York State Department of Corrections & Community Supervision
N.Y. App. Div. · 2017 · signal: see · confidence high
“It is well established that a parole revocation decision will *1078 be upheld so long as the procedural requirements were followed and there is evidence which, if credited, would support such determination” (Matter of Peck v Evans, 118 AD3d 1086, 1087 [2014] [internal quotation marks and citations omitted]; see Matter of Williams v Evans, 129 AD3d 1408, 1409 [2015]). “[I]n order to warrant revocation, the alleged parole violation must be supported by a preponderance of the evidence” (Matter of Moore v Stanford, 140 AD3d 1438, 1440 [2016]; see Executive Law § 259-i [3] [f] [viii]) and…
Retrieving the full opinion text from the archive…
In the Matter of D.L. Riley, Petitioner,
v.
George Alexander, as Chair of the Board of Parole, Et Al., Respondents
521186.
Appellate Division of the Supreme Court of the State of New York.
May 12, 2016.
139 A.D.3d 1206
Lahtinen, Egan, Rose, Clark, Aarons.
Cited by 5 opinions  |  Published

Proceeding pursuant to CPLR article 78 (transferred to this Court by order of the Supreme Court, entered in Albany County) to review a determination of the Board of Parole revoking petitioner’s parole.

In 1997, petitioner was convicted of a number of crimes, the most serious of which was burglary in the first degree, after he[*1207] broke into the apartment of a former girlfriend and repeatedly stabbed her with a knife. He was sentenced to an aggregate prison term of 11 to 22 years. While in prison, he was convicted of promoting prison contraband in the first degree. In February 2013, he was released to parole supervision. Seven months later, he was charged with violating the conditions of release as a result of incidents in which he made verbal and physical threats against his then-girlfriend, causing her to fear for her life, and engaged in stalking behavior. Following preliminary and final parole revocation hearings, an Administrative Law Judge sustained the charges, revoked petitioner’s parole and imposed a 36-month time assessment. Petitioner subsequently commenced this CPLR article 78 proceeding challenging this determination. *

Initially, the scope of our review is limited as “[a] determination to revoke parole will be confirmed if the procedural requirements were followed and there is evidence which, if credited, would support such determination” (Matter of Williams v Evans, 129 AD3d 1408, 1409 [2015] [internal quotation marks and citations omitted]; see Matter of McQueen v New York State Bd. of Parole, 118 AD3d 1238, 1239 [2014], lv denied 24 NY3d 907 [2014]). Here, the victim testified that she had an argument with petitioner in her apartment during which he pushed her, grabbed a knife and threatened to kill her. According to the victim, she was able to leave her apartment to get away from petitioner, but he tried to break in when she returned. She called the police and obtained a temporary order of protection that petitioner subsequently violated by, among other things, calling her, leaving telephone messages, loitering outside her apartment and following her to her job. Although petitioner maintains that the victim’s testimony was unbelievable because she was highly intoxicated at the time of the argument, the weight to be accorded her testimony presented a credibility issue for the Administrative Law Judge to resolve (see Matter of Toomer v Warden of Adirondack Corr. Facility, 97 AD3d 868, 869 [2012]; Matter of Giles v Alexander, 76 AD3d 1158, 1159 [2010]). In view of the foregoing, we find that substantial evidence supports the determination revoking petitioner’s parole (see Matter of Lewis v Alexander, 68 AD3d 1415, 1415 [2009]). Furthermore, we do not find that the imposition of a 36-month delinquent time assessment was excessive under the circumstances presented here (see Matter of Davis v New York State Bd. of Parole, 81 AD3d 1020, 1021[*1208] [2011]; Matter of Rosario v New York State Div. of Parole, 80 AD3d 1030, 1032 [2011]). We have considered petitioner’s remaining contentions and find them to be unpersuasive.

Lahtinen, J.P., Egan Jr., Rose, Clark and Aarons, JJ., concur.

Adjudged that the determination is confirmed, without costs, and petition dismissed.

*

Although petitioner filed an administrative appeal, the disposition of that appeal is not clear from the record.