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MATTER OF RAQIYB v. BARTLETT

186 A.D.2d 327 (1992)

In the Matter of Hasan Raqiyb, Appellant, v. George J. Bartlett, as Superintendent of Elmira Correctional Facility, et al., Respondents

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

September 24, 1992

We reject petitioner's contention that he was improperly denied employee assistance. Even if we were to find that petitioner's destruction of the documents and paperwork presented to him by his employee assistant did not constitute a waiver of his right to assistance (see, Matter of Peart v Kelly, 134 A.D.2d 843, lv denied 71 N.Y.2d 801), it is clear from the record that all material witnesses requested by petitioner...

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