ALBANY (AP) — A deeply-divided Appellate Division, Third Department, ruled yesterday that the state cannot fire a prison guard who flew a Nazi flag from his home, despite fears that his presence on the job could trigger racial violence.

The ruling provided Corrections Officer Edward Kuhnel with another legal victory in his battle to stave off dismissal for flying the banner from his home in Stone Ridge, about 60 miles south of Albany. A State Supreme Court had earlier ruled in his favor.

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