Opinion
May 10, 2000.
Determination unanimously confirmed without costs and petition dismissed.
PRESENT: PINE, J. P., HAYES, KEHOE AND LAWTON, JJ.
Memorandum: Petitioner was found guilty after a Tier II hearing of violating inmate rules 107.11 ( 7 NYCRR 270.2 [B] [8] [ii]) and 107.20 ( 7 NYCRR 270.2 [B] [8] [iii]). There is no merit to the contention of petitioner that he was denied his right to an employee assistant pursuant to 7 NYCRR 251-4.1. The record establishes that petitioner was not illiterate, and it cannot be said that the Hearing Officer abused his discretion in determining that an assistant was not otherwise warranted ( see, 7 NYCRR 251-4.1). "[G]iven that the record reveals no request at the hearing for the documentary evidence described by petitioner in his petition, we reject his contention that he was denied such evidence" ( Matter of Jacques v. Coughlin, 211 A.D.2d 929, 930). There is no evidence that the Hearing Officer was biased or that the outcome of the hearing flowed from such bias ( see, Matter of Crandall v. Coughlin, 219 A.D.2d 823, 823-824; Matter of Parker v. Coughlin, 211 A.D.2d 929). (CPLR art 78 Proceeding Transferred by Order of Supreme Court, Cayuga County, Corning, J.)