MATTER OF BATES v. KELLY

Judgment unanimously affirmed. Memorandum: The record establishes that petitioner's failure to select an employee assistant from the general list provided him was a circumstance of his own creation and did not amount to a deprivation of due process (see, Matter of Peart v Kelly, 134 A.D.2d 843, lv denied 71 N.Y.2d 801).