Bates v. Kelly — 152 A.D.2d 1009

Majority

p. 1009

In the Matter of Roosevelt Bates, Appellant, v Walter R. Kelly, as Superintendent of Attica Correctional Facility, Respondent.

Judgment unanimously affirmed. Memorandum: The record establishes that petitioner’s failure to select an employee assistant from the general list provided him was a circumstance of his own creation and did not amount to a deprivation of due process (see, Matter of Peart v Kelly, 134 AD2d 843 , Iv denied 71 NY2d 801 ). (Appeal from judgment of Supreme Court, Wyoming County, Dadd, J. — art 78.) Present —Callahan, J. P., Denman, Green, Balio and Davis, JJ.