The petition was properly dismissed as barred by res judicata to the extent it seeks items to which access was denied in the prior article 78 proceeding between the parties. However, as respondents concede, some of the items now sought were not specifically designated in petitioner's prior request for records, and, as to those items, there should be a remand for a determination as to which, if any, are not duplicative of the previously requested items. Upon review of the...
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