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Lebron v. Smith

Appellate Division of the Supreme Court of New York, First Department
May 29, 2007
40 A.D.3d 515 (N.Y. App. Div. 2007)

Opinion

May 29, 2007.

Judgment, Supreme Court, New York County (Sheila Abdus-Salaam, J.), entered on or about November 21, 2005, dismissing this proceeding for FOIL requests and recalculation of jail time credit, unanimously affirmed, without costs.

Before: Tom, J.P., Andrias, Nardelli, Williams and Buckley, JJ.


Petitioner failed to rebut the District Attorney's showing that these FOIL requests were duplicative of prior requests that had been denied, where judicial review was dismissed as untimely ( Matter of Mendez v New York City Police Dept., 260 AD2d 262). Petitioner has also failed to describe the documents sought with sufficient specificity as to permit respondent to identify and locate them ( see Public Officers Law § 89; Mitchell v Slade, 173 AD2d 226, 227, lv denied 78 NY2d 863).

Petitioner's claim for additional jail-time credit is barred by res judicata.


Summaries of

Lebron v. Smith

Appellate Division of the Supreme Court of New York, First Department
May 29, 2007
40 A.D.3d 515 (N.Y. App. Div. 2007)
Case details for

Lebron v. Smith

Case Details

Full title:In the Matter of ELVIN LEBRON, Appellant, v. SANDRA LEWIS SMITH, as Deputy…

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

Date published: May 29, 2007

Citations

40 A.D.3d 515 (N.Y. App. Div. 2007)
837 N.Y.S.2d 74

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