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ABRAMS v. FISCHER

515114.

109 A.D.3d 1030 (2013)

971 N.Y.S.2d 361

2013 NY Slip Op 5938

EMAR ABRAMS, Petitioner, v. BRIAN FISCHER, as Commissioner of Corrections and Community Supervision, Respondent.

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

Decided September 19, 2013.

After petitioner, a prison inmate, was observed by several correction officers speaking at a service of the Nation of Islam and encouraging attendees to organize with other groups to take action against the facility and its staff, he was served with a misbehavior report charging him with rioting and demonstration. Following a tier III disciplinary hearing, he was found guilty of demonstration and that determination was affirmed...

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