Opinion
May 9, 1996
Appeal from the Supreme Court, Albany County.
After a physical confrontation with correction officers, petitioner was found guilty of assaulting staff and refusing a direct order. Petitioner challenges this determination arguing, inter alia, that he was denied adequate employee assistance in preparing for his disciplinary hearing and that the Hearing Officer was biased. Contrary to petitioner's initial claim, we find that petitioner was provided meaningful employee assistance ( see, Matter of Serrano v. Coughlin, 152 A.D.2d 790). Petitioner was given all relevant and nonredundant information that he requested either prior to or at the disciplinary hearing, and he has failed to demonstrate that he was prejudiced by his assistant's alleged ineptitude ( see, supra; see also, Matter of Dawes v. Coughlin, 217 A.D.2d 726, lv denied 86 N.Y.2d 712). Upon reviewing the hearing transcript, we also find that the Hearing Officer acted in a fair and impartial manner. We have considered petitioner's remaining claims and find them to be without merit.
Mikoll, J.P., Mercure, Crew III, Yesawich Jr. and Peters, JJ., concur. Adjudged that the determination is confirmed, without costs, and petition dismissed.