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Baltsavias v. State

Appellate Division of the Supreme Court of New York, Second Department
Apr 10, 1989
149 A.D.2d 452 (N.Y. App. Div. 1989)

Opinion

April 10, 1989

Appeal from the Court of Claims (McCabe, J.).


Ordered that the orders are affirmed, with one bill of costs.

The claimant has sought review in the Court of Claims of various determinations of the Workers' Compensation Board with respect to two job-related accidents in 1975 and 1977, respectively. Since the Court of Claims does not have subject matter jurisdiction to review determinations of the Workers' Compensation Board, the claim was properly dismissed (see, Baltsavias v. State of New York, 121 A.D.2d 421, lv dismissed 69 N.Y.2d 683, rearg denied 69 N.Y.2d 900). Moreover, since the claimant has previously litigated in this court the propriety of a dismissal by the Court of Claims of an earlier claim involving these identical compensation cases (Baltsavias v. State of New York, supra), he is barred from relitigating the issues herein under the principle of res judicata (see, Vavolizza v. Krieger, 33 N.Y.2d 351). Thompson, J.P., Bracken, Brown and Rubin, JJ., concur.


Summaries of

Baltsavias v. State

Appellate Division of the Supreme Court of New York, Second Department
Apr 10, 1989
149 A.D.2d 452 (N.Y. App. Div. 1989)
Case details for

Baltsavias v. State

Case Details

Full title:GEORGE BALTSAVIAS, Appellant, v. STATE OF NEW YORK, Respondent. (Claim No…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Apr 10, 1989

Citations

149 A.D.2d 452 (N.Y. App. Div. 1989)
540 N.Y.S.2d 246