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MATTER OF OSMAN v. STANFORD

249, 250635/14.

137 A.D.3d 628 (2016)

26 N.Y.S.3d 852

2016 NY Slip Op 02137

In the Matter of OSMAN OSMAN, Petitioner, v. TINA M. STANFORD, Chairwoman, New York State Department of Corrections and Community Supervision, Respondent.

Appellate Division of the Supreme Court of New York, First Department.

Decided March 24, 2016.

The determination that petitioner violated his parole by possessing pornographic and sexually explicit materials is supported by a preponderance of the evidence (see Executive Law § 259-i [3] [f] [viii]; Matter of Miller v Russi, 225 A.D.2d 368 [1st Dept 1996]). There exists no basis to disturb the credibility determinations made by the Administrative Law Judge (see Matter of Berenhaus v Ward,

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