The court properly dismissed this proceeding as time-barred. Petitioner commenced this proceeding in July 2016, more than four months after the January 2016 denial of petitioner's administrative appeal as to his first FOIL request (CPLR 217 [1]). Petitioner's second FOIL request, though broader than his first request, was essentially "duplicative of his prior request, and therefore did not extend or toll his time to commence an article 78 proceeding" (Matter of Kelly v...
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