Matter of Greene v. Keane

Full title: In the Matter of ALONZO GREENE, Appellant, v. JOHN P. KEANE, as…

Court: Appellate Division of the Supreme Court of New York, Second Department

Date published: Aug 1, 1994

207 A.D.2d 345 (N.Y. App. Div. 1994)

615 N.Y.S.2d 434

Opinion

August 1, 1994

Appeal from the Supreme Court, Westchester County (LaCava, J.).

Ordered that the judgment is affirmed, without costs or disbursements.

The petitioner claims that he was denied his right to an assistant pursuant to 7 NYCRR 251-4.2. We disagree.

The record indicates that the petitioner was initially given an inmate assistant list which had already expired. When he was apprised of the error and given a current list from which to select an inmate assistant, the petitioner refused to do so and instead insisted on selecting a name from the list that had expired. Under this circumstance, we conclude that the petitioner was duly afforded the opportunity to select an assistant from an established list (see, 7 NYCRR 251-4.1 [a]; Matter of Jackson v. Coughlin, 129 A.D.2d 639).

We have reviewed the petitioner's remaining contentions and conclude that they are without merit. Sullivan, J.P., Lawrence, Pizzuto and Joy, JJ., concur.