Murphy v. City of New York

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…