Legal Opinion
Kempsey v. Fischer
Appellate Division of the Supreme Court of the State of New York
Decided September 13, 2012PublishedCited by 5 opinions
1Opinion of the Court
Proceeding pursuant to CPLR article 78 (transferred to this Court by order of the Supreme Court, entered in Albany County) to review two determinations of respondent which found petitioner guilty of violating certain prison disciplinary rules.
A correction officer observed petitioner addressing a group of *1156inmates 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.…
2Cases cited3 opinions
- Porter v. SelskyAppellate Division of the Supreme Court of the State of New York · 2009
- Johnson v. FischerAppellate Division of the Supreme Court of the State of New York · 2009
- Branch v. ConnellAppellate Division of the Supreme Court of the State of New York · 2012
3Cited by5 opinions
- Fulton v. ChaseAppellate Division of the Supreme Court of the State of New York · 2014
- Murray v. FischerAppellate Division of the Supreme Court of the State of New York · 2013
- Fulton v. ChaseAppellate Division of the Supreme Court of the State of New York · 2014
- Matter of Bottom v. AnnucciAppellate Division of the Supreme Court of the State of New York · 2018
- Murray v. FischerAppellate Division of the Supreme Court of the State of New York · 2013