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IN THE MATTER OF BEN BOLECEK, Appellant, v. BOARD OF EDUCATION OF THE CITY OF NEW YORK, ET AL., Respondents.

ORDERED that the judgment is affirmed, with costs.

The petitioner's employment was terminated by the City Board of Education in 1973 on the ground of psychiatric disability. When he was denied reinstatement in 1981 on the same ground, he filed a discrimination claim with the New York State Division of Human Rights (hereinafter the State Division). After a hearing, the State Division determined that there had been no discrimination. In a subsequent CPLR article 78 proceeding, this court confirmed the determination of the State Division (see, Matter of Bolecek v. State of New York, 151 A.D.2d 478). The claims raised by the petitioner in his current application were either raised in the prior proceeding before the State Division or the CPLR article 78 proceeding brought thereafter. Thus, the Supreme Court properly denied the application on the ground of res judicata (see, Sherman v. Ansell, 207 A.D.2d 537).

The petitioner failed to establish any basis under CPLR 5015 or CPLR 2221 to reopen the prior proceeding.

O'BRIEN, J.P., FLORIO, SCHMIDT and SMITH, JJ., concur.

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MATTER OF BOLECEK v. B.O.E. OF CITY OF N.Y
(Dec 10, 2001)