Di Rose v. Coughlin

—Appeal from a judgment of the Supreme Court (Canfield, J.), entered August 11,1994 in Albany County, which dismissed petitioner’s application, in a proceeding pursuant to CPLR article 78, to review a determination of respondent denying petitioner’s grievance.

Petitioner, a prison inmate, commenced the instant CPLR article 78 proceeding seeking the return of certain property that had been confiscated from his cell. Supreme Court dismissed the petition upon the ground of res judicata. In view of the fact that petitioner commenced a previous CPLR article 78 proceeding seeking the same relief,…