IN RE: Thomas LOZADA (2009)

 Petitioner commenced this CPLR article 78 proceeding seeking to annul the determination of the Administrative Law Judge (ALJ) revoking his release to parole supervision based upon his refusal to continue his participation in a drug treatment campus program.   According to petitioner, his medical records would have supported his refusal, and the ALJ therefore erred in failing to consider those records before issuing her determination.   We note that petitioner did not present the records at the final parole revocation hearing or request an adjournment to enable him to submit them, and he thus failed to preserve his contention for our review (see Matter of Stanbridge v. Hammock, 55 N.Y.2d 661, 663, 446 N.Y.S.2d 929, 431 N.E.2d 290;  Matter of Boyd v. Travis, 6 A.D.3d 1237, 775 N.Y.S.2d 923;  Matter of Kirk v. Hammock, 119 A.D.2d 851, 853-854, 500 N.Y.S.2d 424).

 We reject petitioner's further contention that the determination is not supported by substantial evidence.  “[I]t is well settled that a determination to revoke parole will be confirmed if the procedural requirements were followed and there is evidence [that], if credited, would support such determination” (Matter of Layne v. New York State Bd. of Parole, 256 A.D.2d 990, 992, 684 N.Y.S.2d 4, lv. dismissed 93 N.Y.2d 886, 689 N.Y.S.2d 427, 711 N.E.2d 641, rearg. denied 93 N.Y.2d 1000, 695 N.Y.S.2d 746, 717 N.E.2d 1083;  see Matter of Johnson v. Alexander, 59 A.D.3d 977, 872 N.Y.S.2d 819).   Here, respondent's witness and petitioner testified that petitioner refused to participate in the program despite the fact that medical staff had not disqualified him or given him a “medical relief.”   In the absence of petitioner's medical records, the testimony of petitioner that he was physically unable to participate “merely presented a credibility issue that the ALJ was entitled to resolve against petitioner” (Johnson, 59 A.D.3d at 978, 872 N.Y.S.2d 819).

It is hereby ORDERED that the determination is unanimously confirmed without costs and the petition is dismissed.

MEMORANDUM: