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MATTER OF DAWES v. LEONARDO

167 A.D.2d 585 (1990)

In the Matter of Ian Dawes, Petitioner, v. Arthur Leonardo, as Superintendent of Great Meadow Correctional Facility, Respondent

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

November 1, 1990

Petitioner was given two opportunities to select an employee assistant and on both occasions refused to sign the form requesting such assistance. Thus, his decision to proceed without assistance 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). Petitioner also failed to properly preserve for judicial review...

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