context: Because it is clear'that a petitioner in a New York State habeas proceeding is not entitled to damages, this case is controlled by the analysis in Davidson, which involved the preclusive effect under New York law of a prior Article 78 proceeding for a subsequent SS 1983 claim. In Davidson, we initially found that the plaintiff's ultimately successful claims in the Article 78 proceeding were indistinguishable from his SS 1983 action.
citation_a.signal: cf.
citation_a.identifier: 819 F.2d 12, 15
citation_a.parenthetical: finding that prior state proceeding barred SS 1983 action under res judicata because prior state proceeding was not habeas corpus, but for declaratory relief
citation_a.sentence: See id. at 282; see also Antonsen v. Ward, 943 F.2d 198, 203-04 (2d Cir.1991) (applying analysis as' in Davidson, finding that plaintiff could not have pursued damages for pain and suffering in prior .state court action); Fay v. South Colonie Central School District, 802 F.2d 21, 29-30 (2d Cir.1986) (following Davidson, holding that prior Article 78 proceeding does not bar subsequent federal § 1983 action); Koncelik v. East Hampton, 781 F.Supp. 152, 156 (E.D.N.Y.1991) (following Davidson, finding that res judicata does not apply where initial litigation was Article 78 proceeding); cf. Pasterczyk v. Fair, 819 F.2d 12, 15 (1st Cir.1987) (finding that prior state proceeding barred § 1983 action under res judicata because prior state proceeding was not habeas corpus, but for declaratory relief).
citation_b.signal: see also
citation_b.identifier: 943 F.2d 198, 203-04
citation_b.parenthetical: applying analysis as' in Davidson, finding that plaintiff could not have pursued damages for pain and suffering in prior .state court action
citation_b.sentence: See id. at 282; see also Antonsen v. Ward, 943 F.2d 198, 203-04 (2d Cir.1991) (applying analysis as' in Davidson, finding that plaintiff could not have pursued damages for pain and suffering in prior .state court action); Fay v. South Colonie Central School District, 802 F.2d 21, 29-30 (2d Cir.1986) (following Davidson, holding that prior Article 78 proceeding does not bar subsequent federal § 1983 action); Koncelik v. East Hampton, 781 F.Supp. 152, 156 (E.D.N.Y.1991) (following Davidson, finding that res judicata does not apply where initial litigation was Article 78 proceeding); cf. Pasterczyk v. Fair, 819 F.2d 12, 15 (1st Cir.1987) (finding that prior state proceeding barred § 1983 action under res judicata because prior state proceeding was not habeas corpus, but for declaratory relief).