In our view, Supreme Court should have granted plaintiff summary judgment and issued a declaration in plaintiff's second lawsuit regarding Town Law § 267-a (6). First, we agree with plaintiff that Supreme Court's September 3, 1998 decision in the second lawsuit represents the law of the case on this issue, and the court's ruling therein was that the Marinos' appeal to the ZBA did not trigger the statutory stay provisions of Town Law § 267-a (6) (see, Brown v. State of New York, 250 A.D.2d 314, 320; see also, O'Hara v. Bishop, 256 A.D.2d 983, 984;Gould v. International Paper Co., 223 A.D.2d 964, 965, lv denied 88 N.Y.2d 808). Thus, plaintiff's sole request in its complaint in the second lawsuit for declaratory relief should have been granted.