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MATTER OF BRANCH v. ANNUCCI

520078

133 A.D.3d 942 (2015)

18 N.Y.S.3d 567

2015 NY Slip Op 08018

In the Matter of WALTER BRANCH, Petitioner, v. ANTHONY J. ANNUCCI, as Acting Commissioner of Corrections and Community Supervision, et al., Respondents.

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

Decided November 5, 2015.

Petitioner commenced this CPLR article 78 proceeding challenging a determination finding him guilty of violent conduct and making threats. Initially, respondents concede, and we agree, that substantial evidence does not support the charge of violent conduct. Accordingly, we annul that part of the determination, but need not remit the matter for a redetermination of the penalty because the penalty has been completed and no loss...

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