Raqiyb v. Bartlett

— Appeal from a judgment of the Supreme Court (Swartwood, J.), entered January 11, 1991 in Chemung County, which dismissed petitioner’s application, in a proceeding pursuant to CPLR article 78, to review a determination of the Commissioner of Correctional Services finding petitioner guilty of violating a prison disciplinary rule.

We initially reject petitioner’s double jeopardy claim as unfounded. Although the misbehavior report alluded to a prior dismissed charge involving refusal to accept a program assignment, the misbehavior report was based on an entirely separate incident of refusing to…