Legal Opinion

Matter of Branch v. Annucci

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

Decided November 5, 2015No. 520078PublishedCited by 7 opinions

1Opinion of the Court

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 respondent Commissioner of Corrections and Community Supervision finding petitioner guilty of violating certain prison disciplinary rules.

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…

2Cases cited5 opinions

  1. Alston v. GoordAppellate Division of the Supreme Court of the State of New York · 2006
  2. Koehl v. FischerAppellate Division of the Supreme Court of the State of New York · 2008
  3. Marhone v. LaValleyAppellate Division of the Supreme Court of the State of New York · 2013
  4. Cabassa v. KuhlmannAppellate Division of the Supreme Court of the State of New York · 1991
  5. Matter of Hobson v. PrackAppellate Division of the Supreme Court of the State of New York · 2015

3Cited by7 opinions

  1. Matter of Mohamed v. PrackAppellate Division of the Supreme Court of the State of New York · 2016
  2. Matter of Clarke v. VenettozziAppellate Division of the Supreme Court of the State of New York · 2016
  3. Matter of Chisholm v. AnnucciAppellate Division of the Supreme Court of the State of New York · 2016
  4. Matter of Williams v. AnnucciAppellate Division of the Supreme Court of the State of New York · 2017
  5. Matter of Williams v. SmithAppellate Division of the Supreme Court of the State of New York · 2016

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