MATTER OF KIMBROUGH v. FISCHER

513222.

96 A.D.3d 1256 (2012)

947 N.Y.S.2d 208

2012 NY Slip Op 5049

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

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

June 21, 2012.


While monitoring the inmate recreation yard, a correction officer observed petitioner pass a piece of paper to another inmate that the inmate then read to petitioner and three other inmates. The officer recovered the piece of paper and discovered that it contained gang-related references. As a result, petitioner was charged in a misbehavior report with engaging in gang-related activities, participating in an unauthorized exchange...

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