Petitioner refused a correction officer's direct order to lock in a double-bunk cell. When a higher ranking correction officer arrived on the scene and directed petitioner to lock in the cell, petitioner again refused. Each officer charged petitioner in separate misbehavior reports with refusing a direct order and violating a movement regulation. Petitioner was found guilty as charged following a disciplinary hearing addressing both reports. He thereafter commenced this CPLR article 78 proceeding challenging the determination on procedural grounds. Supreme Court dismissed the petition, prompting this appeal.
We affirm. Petitioner's claim that the misbehavior reports were defective was not raised at the disciplinary hearing and, therefore, we find that the issue is not preserved for our review ( see, Matter of Walker v. Goord, 262 A.D.2d 742; Matter of Di Rose v. New York State Dept. of Correction, 228 A.D.2d 868). Were we to address petitioner's arguments in this regard, we would conclude that it was not necessary for each correction officer to endorse both misbehavior reports ( see, Matter of Santana v. Senkowski, 269 A.D.2d 638) and that the first misbehavior report set forth the factual basis for the charges with enough particularity to allow petitioner to prepare a defense ( see, Matter of Maya v. Goord, 272 A.D.2d 724). Contrary to petitioner's contention, the service of the second misbehavior report did not violate double jeopardy principles because it was based upon petitioner's separate and distinct act of refusing the second direct order ( see, Matter of Raqiyb v. Bartlett, 186 A.D.2d 327; Matter of Raqiyb v. Bartlett, 175 A.D.2d 974, appeal dismissed 78 N.Y.2d 1008). Finally, the record contains no support for petitioner's allegation that he was denied documentary evidence and effective employee assistance ( see, Matter of Rodriguez-Aliseo v. Selsky, 268 A.D.2d 739, 740; Matter of Joyce v. Goord, 246 A.D.2d 926, 927).
We have examined petitioner's remaining claims and reject them as lacking in merit.
Ordered that the judgment is affirmed, without costs.