BABIGIAN v. WACHTLER


181 A.D.2d 640 (1992)

John H. Babigian, Appellant, v. Sol Wachtler, as Chief Judge of The Court of Appeals, et al., Respondents

Appellate Division of the Supreme Court of the State of New York, First Department.

March 31, 1992


The same cause of action, being raised herein, was directly addressed in Babigian v Wachtler (69 N.Y.2d 1012) and, thus, the action is barred by the doctrine of res judicata (Matter of Reilly v Reid, 45 N.Y.2d 24). Although plaintiff notes that recent court rules now permit Housing Judges to impose sanctions (see, 22 NYCRR 130-1.4), such rules clearly do not affect the constitutionality of CCA 110 (e). Moreover, the power to impose sanctions is part of a Housing Judge's dispute resolution authority. As for plaintiff's claim that the Court of Appeals erred in Babigian (supra), this Court has no power to review any such claim. It is for the Court of Appeals to pass on the continued validity of its earlier decisions (see, Carnesi v State of New York, 140 A.D.2d 912, 913).


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