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In re Klein

Appellate Division of the Supreme Court of New York, First Department
Mar 18, 1997
237 A.D.2d 165 (N.Y. App. Div. 1997)

Opinion

March 18, 1997.

Order and judgment (one paper), Supreme Court, New York County (Edith Miller, J.), entered February 16, 1996, which, in a proceeding pursuant to CPLR article 78 challenging the rating guide used by respondents to grade the oral portion of Civil Service Examination No. 8564 for promotion to Battalion Chief, granted respondents' motion to dismiss the petition as barred by res judicata, unanimously affirmed, without costs.

Before: Sullivan, J.P., Milonas, Rosenberger and Rubin, JJ.


The petition was properly dismissed since the claims raised therein were either raised or could have been raised in Matter of Spadafora v White (Sup Ct, NY County, Aug. 24, 1995, Miller, J., index No. 8058/91), to which all petitioners herein were parties ( see, Hyman v Hillelson, 79 AD2d 725, affd 55 NY2d 624).


Summaries of

In re Klein

Appellate Division of the Supreme Court of New York, First Department
Mar 18, 1997
237 A.D.2d 165 (N.Y. App. Div. 1997)
Case details for

In re Klein

Case Details

Full title:In the Matter of GERALD KLEIN et al., Appellants, v. LILLIAM BARRIOS-PAOLI…

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

Date published: Mar 18, 1997

Citations

237 A.D.2d 165 (N.Y. App. Div. 1997)
655 N.Y.S.2d 367