IOSSA v. MARCONE


281 A.D.2d 235 (2001)

721 N.Y.S.2d 652

KERRI IOSSA et al., Appellants, v. MICHAEL A. MARCONE, Respondent, et al., Defendants.

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

Decided March 13, 2001.


Defendant is not collaterally estopped on the issue of his negligence by the determination of the New York State Department of Environmental Conservation revoking his hunting license upon a finding that he "simply did not take the time to positively identify his target [as legal game] and shot in haste." Most significantly, the stakes in the license revocation proceeding, which defendant, although represented by an attorney, did not personally attend, were trivial compared...

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