Appellate Division of the Supreme Court of New York, 1980

Mahoney v. Civil Service Commission of New Rochelle

Mahoney v. Civil Service Commission of New Rochelle
Appellate Division of the Supreme Court of New York · Decided January 28, 1980
73 A.D.2d 969; 423 N.Y.S.2d 1017; 1980 N.Y. App. Div. LEXIS 9907
Mahoney v. Civil Service Commission of New Rochelle

Opinion of the Court

In a proceeding pursuant to CPLR article 78, inter alia, to "rescind” petitioner’s demotion from the rank of police captain to that of police lieutenant, petitioner appeals from a judgment of the Supreme Court, Westchester County, dated December 4, 1978, which dismissed the proceeding. Judgment affirmed, without costs or disbursements. The proceeding was properly dismissed pursuant to the doctrine of res judicata. (See Matter of Reilly v Reid, 45 NY2d 24.) Hopkins, J. P., Titone, Lazer and Gibbons, JJ., concur.

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