The following excerpt is from Dutrow v. N.Y. State Gaming Comm'n, No. 14-3189-cv (2nd Cir. 2015):
1. Dutrow argues that proceedings under Article 78 of New York's Civil Practice Law and Rules do not preclude subsequent federal civil rights actions. Although claim preclusion, or res judicata, "generally does not operate to bar a 1983 suit following the resolution of an Article 78 proceeding, since the full measure of relief available in the former action is not available in the latter," Colon v. Coughlin, 58 F.3d 865, 870 n.3 (2d Cir. 1995), collateral estoppel bars relitigation of issues decided in Article 78 proceedings. See, e.g., Constantine v. Teachers Coll., 448 F. App'x 92, 93 (2d Cir. 2011) (summary order).
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