Walker v. Coughlin

Determination unanimously confirmed and petition dismissed. Memorandum: We reject the contention that respondent’s failure to provide petitioner with employee assistance at his disciplinary hearing violated respondent’s rules and regulations and deprived him of due process of law (cf., Matter of Burke v Coughlin, 97 AD2d 862). Petitioner waived his right to an employee assistant by refusing to sign an employee assistant selection form. The failure to select an assistant and proceed without one "was a circumstance of [petitioner’s] own creation and did not amount to a deprivation of due…