Farkas v. New York State Department of Civil Service
Appellate Division of the Supreme Court of the State of New York
1Opinion of the CourtCasey, J.
Appeal from a judgment of the Supreme Court at Special Term (Kahn, J.), entered February 13, 1985 in Albany County, which, in a proceeding pursuant to CPLR article 78, *564granted respondents’ motion to dismiss the petition on the ground of res judicata.
The only issue to be decided on this appeal is whether a judgment dismissing a prior CPLR article 78 proceeding as moot constitutes a bar to a subsequent article 78 proceeding seeking the same relief, commenced after removal of the condition which had rendered the first proceeding moot. We hold that it does not, since the dismissal of the prior…
2Cases cited7 opinions
- Smith v. Russell Sage CollegeNew York Court of Appeals · 1981
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- Miller Manufacturing Co. v. ZeilerNew York Court of Appeals · 1978
- De Ronda v. Greater Amsterdam School DistrictAppellate Division of the Supreme Court of the State of New York · 1983
- Meegan S. v. Donald T.New York Court of Appeals · 1984
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