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MATTER OF KIMBROUGH v. FISCHER

513025.

96 A.D.3d 1251 (2012)

946 N.Y.S.2d 714

2012 NY Slip Op 5045

In the Matter of MELVIN KIMBROUGH, Petitioner, v. BRIAN FISCHER, as Commissioner of Corrections and Community Supervision, et al., Respondents.

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

June 21, 2012.

After the personal property in petitioner's cell had been packed up in preparation for a move to another facility, a correction officer observed petitioner pass documents contained in a booklet entitled "Urban Books" to another inmate through his cell bars. The officer reviewed the documents and found that they contained references to, among other things, black nationalism. Thereafter, the officer prepared a misbehavior report...

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