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CLARK v. NEW YORK CITY TRANSIT AUTHORITY

46 A.D.3d 360 (2007)

847 N.Y.S.2d 194

WILMA CLARK, Appellant, v. NEW YORK CITY TRANSIT AUTHORITY et al., Respondents.

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

Decided December 18, 2007.

To the extent plaintiff seeks reinstatement of position or benefits, such claims could have been pursued in the proceeding in Kings County, which was dismissed, and thus are precluded by res judicata (see Ryan v New York Tel. Co., 62 N.Y.2d 494, 501-502 [1984]). Furthermore, her failure to exhaust her administrative remedies in view of the disciplinary charges that led to her dismissal precludes review of those claims by this Court...

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