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MATTER OF ROMAN v. LOMBARDI

298 A.D.2d 313 (2002)

748 N.Y.S.2d 499

In the Matter of CARLTON ROMAN, Appellant, v. LOUIS LOMBARDI et al., Respondents.

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

Decided October 29, 2002.

The petition, filed more than six months after petitioner received notice of the denial of his Freedom of Information Law request, was properly dismissed as time-barred (see CPLR 217 [1]; Matter of McBride v City of New York, 284 A.D.2d 197, 198). Petitioner's argument, that it is reasonable to assume that the clerk actually received his papers within the four-month statute of limitations, but failed to stamp them or issue...

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