MATTER OF PEQUERO v. FISCHER

518711

122 A.D.3d 992 (2014)

994 N.Y.S.2d 483

2014 NY Slip Op 07555

In the Matter of RAMON PEQUERO, 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.

Decided November 6, 2014.


After a correction officer gave a five-minute warning to a religious group that their one-hour service was to be completed, the group's inmate facilitator approached the officer and claimed that their time was being cut short and made certain remarks to the group that the officers were "cutting our time" and "we need to take care of this sh*t." In response, all of the inmates, including petitioner, stood up and joined in the demonstration, clapping and talking loudly. Petitioner...

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