Murphy v. City of New York
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
The Supreme Court properly denied the petitioner’s motion to resubmit his whistleblower claim pursuant to Civil Service Law § 75-b. The petitioner’s Civil Service Law § 75-b claim is barred by the doctrine of res judicata, as the claim was litigated in a prior CPLR article 78 proceeding commenced by the court-appointed guardian of the petitioner’s property. That proceeding was resolved by a so-ordered stipulation in which the guardian agreed to discontinue the proceeding with prejudice. Pursuant to the stipulation, the petitioner’s resignation from the police department was annulled, and he…
2Cases cited4 opinions
- Robert v. O'MearaAppellate Division of the Supreme Court of the State of New York · 2006
- James M. v. City of New York Police DepartmentAppellate Division of the Supreme Court of the State of New York · 2010
- Barash v. Northern Trust Corp.Appellate Division of the Supreme Court of the State of New York · 2008
- Murphy v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2000