Opinion
June 22, 1992
Appeal from the Supreme Court, Suffolk County (Mullen, J.).
Ordered that the judgment is affirmed, with costs.
The defendant Artrol Corp. (hereinafter Artrol) is the owner of an establishment known as Houser's Hotel in the plaintiff Incorporated Village of Ocean Beach, located on Fire Island. By a determination dated May 27, 1989, the Village denied Artrol's application for a special permit to construct a ground-level external deck immediately adjacent to its restaurant and bar facilities. Despite the denial of the permit, Artrol proceeded to construct the deck. The Village then instituted the present action, during the pendency of which Artrol brought a separate proceeding pursuant to CPLR article 78 to review the Village's determination denying the special permit. While the instant action was still pending, the Supreme Court issued a judgment in the proceeding pursuant to CPLR article 78, holding that the Village's denial of the special permit had been neither arbitrary nor capricious. The judgment further held that pursuant to the Village of Ocean Beach Code, Artrol could not construct the deck in question without the authorization of the Village. A subsequent appeal of this judgment by Artrol was dismissed for failure to prosecute. Thereafter, the Supreme Court handed down its judgment in the instant action directing Artrol to remove the deck. We now affirm for the reason that all claims raised by Artrol in the action on appeal were finally decided by the Supreme Court in the proceeding pursuant to CPLR article 78, and are therefore barred pursuant to the doctrine of res judicata (see, Jason v. Chusid, 172 A.D.2d 172; Murphy v. Town of Southampton, 168 A.D.2d 545; Matter of Stimpson Co. v. Jorling, 161 A.D.2d 593; see generally, 9 Carmody-Wait 2d, N Y Prac §§ 63:430-63:453). Mangano, P.J., Harwood, Balletta and Eiber, JJ., concur.