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MATTER OF SPENCER v. LOMBARDI

267 A.D.2d 13 (1999)

699 N.Y.S.2d 47

In the Matter of GERALD SPENCER, Appellant, v. LOUIS LOMBARDI et al., Respondents.

Appellate Division of the Supreme Court of the State of New York, First Department.

Decided December 2, 1999.

In granting dismissal of petitioner's article 78 challenge to respondents' partial denial of his FOIL request, the IAS Court properly recognized that their claim of untimeliness presented an issue of fact, which barred summary resolution. Instead of setting the matter down for a hearing to resolve that issue, however, the court undertook a consideration of the merits, which it resolved against petitioner on the ground that the 184...

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