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COOKS v. NEW YORK CITY TRANSIT AUTHORITY

289 A.D.2d 278 (2001)

734 N.Y.S.2d 207

DONALD COOKS, Appellant, v. NEW YORK CITY TRANSIT AUTHORITY, Respondent.

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

Decided December 10, 2001.

Ordered that the order is affirmed insofar as appealed from, with costs.

A prior arbitration award, which was confirmed by the Supreme Court, determined that the plaintiff was guilty of misconduct justifying his discharge from employment. Thus, in this action, the plaintiff was precluded from relitigating any matter litigated in the prior arbitration proceeding, including whether the misconduct actually occurred (see, Matter of Metro-N. Commuter R. R. Co. v New...

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