Lamb v Governor for N.Y. State

Lamb v Governor for N.Y. State 2011 NY Slip Op 09097 Decided on December 13, 2011 Appellate Division, Second Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and subject to revision before publication in the Official Reports.

Decided on December 13, 2011
SUPREME COURT OF THE STATE OF NEW YORKAPPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
ANITA R. FLORIO, J.P.
RUTH C. BALKIN
ARIEL E. BELEN
CHERYL E. CHAMBERS, JJ.
2010-10975
(Index No. 14683/10)

[*1]Deborah Rae Lamb, et al., appellants,

v

Governor for New York State, et al., respondents.




Deborah Rae Lamb and John Mecca, Kings Park, N.Y., appellants
pro se.
Eric T. Schneiderman, Attorney General, New York, N.Y.
(Michael S. Belohlavek and David Lawrence
III of counsel), for respondent
Governor for New York State.


DECISION & ORDER

In an action for various forms of injunctive relief, the plaintiffs appeal, as limted by their brief, from so much of an order of the Supreme Court, Suffolk County (Tanenbaum, J.), dated October 7, 2010, as granted the defendants' motion, inter alia, pursuant to CPLR 3211(a)(5) to dismiss the complaint on the ground of res judicata.

ORDERED that the order is affirmed insofar as appealed from, with costs to the respondent Governor for New York State.

The Supreme Court properly determined that the plaintiffs' claims, which were based on the same subject matter as the plaintiffs' earlier action in federal court, were barred by res judicata (see Matter of ADC Contr. & Constr., Inc. v Town of Southampton, 50 AD3d 1025, 1026; Tomasello v Choice Care Long Is., 229 AD2d 527, 528). Consequently, the Supreme Court properly granted that branch of the defendants' motion which was pursuant to CPLR 3211(a)(5) to dismiss the complaint (see Uffer v Travelers Cos., Inc., 88 AD3d 690).

In light of our determination, we need not reach the remaining contention of the respondent Governor for New York State.
FLORIO, J.P., BALKIN, BELEN and CHAMBERS, JJ., concur.

ENTER: [*2]

Aprilanne Agostino

Clerk of the Court