MATTER OF PEART v. KELLY

Determination unanimously confirmed and petition dismissed. Memorandum: An inmate who speaks only Spanish is entitled to select a Spanish-speaking employee assistant so that the nature of disciplinary charges may be explained and the inmate can communicate his requests for witnesses or other evidence ( 7 NYCRR 251-4.1; Matter of Rivera v. Smith, 110 A.D.2d 1043). Although petitioner's native language is Spanish, prison officials correctly determined that he was conversant in English and did not require a bilingual assistant. Accordingly, petitioner's failure to select an assistant from the general list and his decision to proceed without an assistant was a circumstance of his own creation and did not amount to a deprivation of due process (see, Matter of Law v. Racette, 120 A.D.2d 846; Matter of Newman v. Coughlin, 110 A.D.2d 981, 983).

Petitioner's remaining claim that the determination was not supported by substantial evidence lacks merit.