BETTIS v. KELLY (2009)

Order, Supreme Court, New York County (Paul G. Feinman, J.), entered October 7, 2008, which, in this action alleging wrongful termination, granted defendants' motion to dismiss the complaint, unanimously affirmed, without costs.

Given plaintiff's admission that he was aware of defendants' alleged fraud in January 2002, this action, commenced in 2007, alleging claims that defendants violated his rights to equal protection and due process and that defendants violated section 75 of the Civil Service Law and section 14-115 of the Administrative Code of the City of New York, was properly dismissed as barred by the statute of limitations (see CPLR 213[8] ). The action is also barred under the doctrine of res judicata because the instant action and the one plaintiff brought in federal court (see Bettis v. Kelly, 2004 WL 1774252, 2004 U.S. Dist. LEXIS 15463 [S.D.N.Y.2004], affd. 137 Fed.Appx. 381 [2d Cir.2005], cert. denied 547 U.S. 1004, 126 S.Ct. 1475, 164 L.Ed.2d 249 [2006]; see also Bettis v. Safir, 2000 WL 1336055, 2000 U.S. Dist. LEXIS 13285 [S.D.N.Y.2000] ), are based on the same transaction, namely plaintiff's termination from the New York City Police Department in 1994, and his prior action was dismissed on the merits (see e.g. Heritage Realty Advisors, LLC v. Mohegan Hill Dev., LLC, 58 A.D.3d 435, 436, 870 N.Y.S.2d 29 [2009], lv. denied 12 N.Y.3d 830, 881 N.Y.S.2d 9, 908 N.E.2d 916 [2009] ).

We have considered plaintiff's remaining contentions and find them unavailing.