Peart v. Kelly

Determination unanimously confirmed and petition dismissed. Memorandum: An inmate who speaks only Spanish is entitled to select a Spanish-speaking employee assistant so that the nature of disciplinary charges may be explained and the inmate can communicate his requests for witnesses or other evidence (7 NYCRR 251-4.1; Matter of Rivera v Smith, 110 AD2d 1043 ). Although petitioner’s native language is Spanish, prison officials correctly determined that he was conversant in English and did not require a bilingual assistant. Accordingly, petitioner’s failure to select an assistant from the general list and his decision to proceed without an assistant was a circumstance of his own creation and did not amount to a deprivation of due process (see, Matter of Law v Racette, 120 AD2d 846 ; Matter of Newman v Coughlin, 110 AD2d 981 , 983).

Petitioner’s remaining claim that the determination was not supported by substantial evidence lacks merit. (Article 78 proceeding transferred by order of Supreme Court, Wyoming County, Dadd, J.) Present — Doerr, J. P., Boomer, Pine, Balio and Davis, JJ.