Opinion
April 9, 1992
Appeal from the Supreme Court, Clinton County (Lewis, J.).
The record fails to support petitioner's contention that the employee assistance he received was inadequate (see, Matter of Diaz v Coughlin, 143 A.D.2d 485). The assistant made a thorough investigation with respect to all possible witnesses and, in fact, called all of the appropriate witnesses that petitioner could identify. In addition, petitioner has failed to adequately demonstrate that his assistant did not perform anything specifically requested by him or that he was in any way prejudiced (see, Matter of Serrano v Coughlin, 152 A.D.2d 790, 792-793). We also find that the disposition imposed by the Hearing Officer of 30 days in the special housing unit and 30 days' loss of good time and privileges is not only permissible and appropriate (see, 7 NYCRR 254.7 [a] [2] [i]; [3]), but it is not "`shocking to one's sense of fairness'" (Matter of Pell v Board of Educ., 34 N.Y.2d 222, 234). We have considered petitioner's remaining arguments and reject them as lacking in merit.
Mikoll, J.P., Yesawich Jr., Mercure, Mahoney and Harvey, JJ., concur. Ordered that the judgment is affirmed, without costs.