Opinion
October 16, 1989
Appeal from the Supreme Court, Dutchess County (Dickinson, J.).
Ordered that the judgments are affirmed, without costs or disbursements.
Upon this record, we find no violation of the petitioner's due process rights or his rights under the applicable agency regulations (see, 7 NYCRR 253.5 [a]; 251-4.1 [a]; 251-4.2). In particular, we reject the petitioner's claim that he received inadequate employee assistance. Inasmuch as the petitioner permitted another inmate to select his assistant from the list provided by the respondent and then signed the inmate assistance form after meeting with the assigned assistant, the petitioner has waived his claim. In any event, the record reveals that the assistant adequately performed his duties in preparing the petitioner's defense (see, 7 NYCRR 251-4.2).
We have reviewed the petitioner's remaining contentions and find them to be without merit. Thompson, J.P., Rubin, Sullivan and Balletta, JJ., concur.