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MATTER OF PELT v. POLICE DEPARTMENT OF CITY OF NEW YORK

258 A.D.2d 382 (1999)

685 N.Y.S.2d 687

In the Matter of MAURICE PELT, Appellant, v. POLICE DEPARTMENT OF CITY OF NEW YORK et al., Respondents.

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

Decided February 23, 1999.

The motion court correctly held that this second CPLR article 78 proceeding constituted an improper attempt by petitioner to relitigate his prior article 78 proceeding and respondents' prior denial of his FOIL request. Since petitioner's first article 78 proceeding was dismissed as time-barred, a result that is the equivalent to a final disposition on the merits (see, Smith v Russell Sage Coll., 54 N.Y.2d 185, 194), and since "`...

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