Opinion
2011-12-13
Deborah Rae LAMB, et al., appellants, v. GOVERNOR FOR NEW YORK STATE, et al., respondents.
Deborah Rae Lamb and John Mecca, Kings Park, N.Y., appellants pro se. Eric T. Schneiderman, Attorney General, New York, N.Y. (Michael S. Belohlavek and David Lawrence III of counsel), for respondent Governor for New York State.
Deborah Rae Lamb and John Mecca, Kings Park, N.Y., appellants pro se. Eric T. Schneiderman, Attorney General, New York, N.Y. (Michael S. Belohlavek and David Lawrence III of counsel), for respondent Governor for New York State.
*329 In an action for various forms of injunctive relief, the plaintiffs appeal, as limited by their brief, from so much of an order of the Supreme Court, Suffolk County (Tanenbaum, J.), dated October 7, 2010, as granted the defendants' motion, inter alia, pursuant to CPLR 3211(a)(5) to dismiss the complaint on the ground of res judicata.
ORDERED that the order is affirmed insofar as appealed from, with costs to the respondent Governor for New York State.
The Supreme Court properly determined that the plaintiffs' claims, which were based on the same subject matter as the plaintiffs' earlier action in federal court, were barred by res judicata ( see Matter of ADC Contr. & Constr., Inc. v. Town of Southampton, 50 A.D.3d 1025, 1026, 855 N.Y.S.2d 679; Tomasello v. Choice Care Long Is., 229 A.D.2d 527, 528, 646 N.Y.S.2d 136). Consequently, the Supreme Court properly granted that branch of the defendants' motion which was pursuant to CPLR 3211(a)(5) to dismiss the complaint ( see Uffer v. Travelers Cos., Inc., 88 A.D.3d 690, 930 N.Y.S.2d 473).
In light of our determination, we need not reach the remaining contention of the respondent Governor for New York State.