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Matter of Parsons

Appellate Division of the Supreme Court of New York, Second Department
Nov 10, 1980
78 A.D.2d 876 (N.Y. App. Div. 1980)

Opinion

November 10, 1980


In a proceeding for judicial settlement of the final account of a conservator, the appeal is from an order of the Supreme Court, Westchester County, dated November 21, 1979, which denied appellant's motion to vacate a judgment of the same court dated May 11, 1979, which determined, inter alia, that the court had "jurisdiction of all of the issues." Order affirmed, with $50 costs and disbursements. The ground for appeal is that the Supreme Court lacked personal jurisdiction over appellant. As Special Term found, "The very issues raised herein were presented in appellant's brief to the Appellate Division" on a prior appeal. The judgment sought to be vacated on that appeal is affirmed by this court (Matter of Parsons, 72 A.D.2d 585). It is evident that appellant raised the same issue on the prior appeal that he now raises on this appeal. Thus, the doctrine of the law of the case bars relitigation and reconsideration of the merits of this issue (see City of Long Beach v. Seril Corp., 56 A.D.2d 574; Stokes v. County of Suffolk, 63 A.D.2d 645). Hopkins, J.P., Damiani, Titone and O'Connor, JJ., concur.


Summaries of

Matter of Parsons

Appellate Division of the Supreme Court of New York, Second Department
Nov 10, 1980
78 A.D.2d 876 (N.Y. App. Div. 1980)
Case details for

Matter of Parsons

Case Details

Full title:In the Matter of the Estate of BLANCHE L. PARSONS, Deceased. DON L…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Nov 10, 1980

Citations

78 A.D.2d 876 (N.Y. App. Div. 1980)

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