Opinion
January 4, 2000
Judgment, Supreme Court, New York County (Stephen Crane, J.), entered March 8, 1999, which, to the extent appealed from as limited by the brief, incorporated this Court's decision and order, entered February 4, 1999, which, inter alia, granted plaintiff City partial summary judgment on the issue of whether defendant's cabaret falls within the definition of adult eating or drinking establishment under Section 12-10(b) of the City's Zoning Ordinance, unanimously affirmed, without costs.
Margaret G. King, for plaintiffs-respondents.
Mark J. Alonso, for defendants-appellants.
NARDELLI, J.P., TOM, MAZZARELLI, ELLERIN, FRIEDMAN, JJ.
Defendant's present appellate contentions to the effect that its purported policy respecting the admission of minors to its cabaret takes it outside the definition of an "adult eating or drinking establishment", "have been resolved by [this] appellate court on a prior appeal [and] will not be reviewed [by this court] upon a further appeal" (Matter of Local 345 of Retail Store Empls. Union [Heinrich Motors], 96 A.D.2d 182, 186, revd on other grounds 63 N.Y.2d 985).
THIS CONSTITUTES THE DECISION AND ORDER OF SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.