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MATTER OF PEART v. KELLY

134 A.D.2d 843 (1987)

In the Matter of Federico Peart, Petitioner, v. Walter Kelly, as Superintendent of Attica Correctional Facility

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

November 10, 1987

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...

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