Opinion
May 30, 1989
Appeal from the Supreme Court, Westchester County (Marbach, J.).
Ordered that the judgment is affirmed, with one bill of costs.
The petitioners have raised objections to the Planning Board's approval of a site plan for a marina to be built by the corporate respondents. These objections have already been found to be without merit by judgment of the Supreme Court affirmed by this court in a prior proceeding (see, Syracuse Bros. v Darcy, 127 A.D.2d 588). The petitioners are bound by the earlier judgment under the principle of stare decisis (see, Matter of Foy v Schechter, 1 N.Y.2d 604). They cannot resurrect previously determined issues under the guise of not having been a party to the previous action. Brown, J.P., Lawrence, Kunzeman and Kooper, JJ., concur.