Nance v. Racette

Appeal from a judgment of the Supreme Court (Lewis, J.), entered May 8, 1991 in Clinton County, which dismissed petitioner’s application, in a proceeding pursuant to CPLR article 78, to review a determination of respondent Commissioner of Correctional Services finding petitioner guilty of violating certain prison disciplinary rules.

The record fails to support petitioner’s contention that the employee assistance he received was inadequate (see, Matter of Diaz v Coughlin, 143 AD2d 485). The assistant made a thorough investigation with respect to all possible witnesses and, in fact, called all…