Clark v. New York City Transit Authority

Order, Supreme Court, New York County (Robert D. Lippmann, J.), entered July 10, 2006, which granted defendants’ motions to dismiss the complaint, unanimously affirmed, without costs.

To the extent plaintiff seeks reinstatement of position or benefits, such claims could have been pursued in the proceeding in Kings County, which was dismissed, and thus are precluded by res judicata (see Ryan v New York Tel. Co., 62 NY2d 494, 501-502 [1984]). Furthermore, her failure to exhaust her administrative remedies in view of the disciplinary charges that led to her dismissal precludes review of those…