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 AD2d 843, Iv denied 71 NY2d 801). (Appeal from judgment of Supreme Court, Wyoming County, Dadd, J. — art 78.) Present —Callahan, J. P., Denman, Green, Balio and Davis, JJ.