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Heath v. Wojtowicz

NEW YORK SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT


April 1, 2010

GEORGE HEATH, PLAINTIFF-APPELLANT,
v.
JOHN S. WOJTOWICZ, ET AL., DEFENDANTS-RESPONDENTS.

Order and judgment (one paper), Supreme Court, New York County (Joan A. Madden, J.), entered on or about June 9, 2009, inter alia, declaring the extent of plaintiff's right to certain funds, unanimously affirmed, without costs. Appeal from order, same court and Justice, entered September 17, 2009, which denied plaintiff's motion for reargument, unanimously dismissed, without costs, as taken from a non-appealable order.

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.

Gonzalez, P.J., Tom, Friedman, McGuire, Abdus-Salaam, JJ.

40555/78

Plaintiff's challenges to other claims seeking a portion of the subject funds, including that asserted by the City Human Resources Administration, are precluded by res judicata (see New York State Crime Victims Bd. v Abbott, 247 AD2d 263 [1998], lv dismissed 92 NY2d 1001 [1998], citing Heath v Warner Communications, 891 F Supp 167 [1995], and New York State Crime Victims Bd. v Abbott, 212 AD2d 22 [1995]; see generally O'Brien v City of Syracuse, 54 NY2d 353, 357 [1981]). M-1171 - George Heath v John S. Wojtowicz, et al.

Motion to dismiss appeal denied.

THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.

20100401

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