Appellate Division of the Supreme Court of the State of New York January 6, 1981 (Booke v. Joy)

Order and judgment (one paper), Supreme Court, New York County, entered July 3, 1980, granting cross motion to dismiss article 78 petition on the ground of res judicata, and denying said petition and dismissing said proceeding, is unanimously reversed, on the law, without costs; the cross motion to dismiss the petition on the ground of res judicata is denied; respondent is directed to answer the