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MATTER OF MURRAY v. FISCHER

514687.

104 A.D.3d 1007 (2013)

960 N.Y.S.2d 562

2013 NY Slip Op 1590

In the Matter of SIR JULES MURRAY, Petitioner, v. BRIAN FISCHER, as Commissioner of Corrections and Community Supervision, Respondent.

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

March 14, 2013.

A correction officer listened to an audiotape of a meeting of inmates who belonged to the Nation of Islam. On the tape, he heard petitioner making comments that he believed were threatening and designed to encourage other inmates to take adverse collective action against correction officials. As a result, petitioner was charged in a misbehavior report with conspiring to take over the correctional facility, engaging in violent...

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