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WELSH v. OKOLIE

22 A.D.3d 572 (2005)

801 N.Y.S.2d 744

FRANCES WELSH et al., Respondents, v. CYRIL OKOLIE et al., Appellants, et al., Defendant.

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

October 11, 2005.

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

The plaintiffs' current claims are not barred by the doctrines of res judicata or collateral estoppel, as they could not have been raised in a prior proceeding pursuant to CPLR article 78 challenging the granting of area variances to the appellants (see Parker v Blauvelt Volunteer Fire Co., 93 N.Y.2d 343 [1999...

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