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MATTER OF KEMPSEY v. FISCHER

513869.

98 A.D.3d 1155 (2012)

950 N.Y.S.2d 804

2012 NY Slip Op 6169

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

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

September 13, 2012.

A correction officer observed petitioner addressing a group of inmates regarding problems they were having with the count procedure and staff. Petitioner appeared to be attempting to solicit ideas on the manner in which the inmates wished to handle the situation. As a result, petitioner was charged in a misbehavior report with leading a demonstration. Following a tier III disciplinary hearing, he was found guilty of the charge...

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