Opinion
January 3, 1991
Appeal from the Supreme Court, Chemung County.
Even if the question of the propriety of considering two misbehavior reports in one hearing is properly before us, any alleged error lacks merit. First, there is no law or regulation prohibiting the review of two misbehavior reports in one disciplinary hearing and, in fact, there have been several instances where this has occurred (see, e.g., Matter of Benitez v Coughlin, 159 A.D.2d 986; Matter of Holmes v Coughlin, 152 A.D.2d 807). Petitioner's double jeopardy claim also lacks merit since "[e]ach report was based on different observations of petitioner's general and specific activity during the incident" (Matter of Fletcher v Coughlin, 161 A.D.2d 869, 871). Finally, petitioner's admissions at the hearing, coupled with the two misbehavior reports, provided adequate support for the charges against him (see, People ex rel. Vega v Smith, 66 N.Y.2d 130, 139).
Determination confirmed, and petition dismissed, without costs. Mahoney, P.J., Casey, Weiss, Mercure and Harvey, JJ., concur.