IN RE: Elvin LEBRON

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Supreme Court, Appellate Division, First Department, New York.

IN RE: Elvin LEBRON, Petitioner-Appellant, v. NYCDOC Deputy Commissioner Sandra Lewis SMITH, et al., Respondents-Respondents.

Decided: May 29, 2007

TOM, J.P., ANDRIAS, NARDELLI, WILLIAMS, BUCKLEY, JJ. Elvin Lebron, appellant pro se. Michael A. Cardozo, Corporation Counsel, New York (Janet L. Zaleon of counsel), for Sandra Lewis Smith, respondent. Robert M. Morgenthau, District Attorney, New York (Richard Nahas of counsel), for Charles E. King, respondent.

Judgment, Supreme Court, New York County (Sheila Abdus-Salaam, J.), entered on or about November 21, 2005, dismissing this proceeding for FOIL requests and recalculation of jail time credit, unanimously affirmed, without costs.

Petitioner failed to rebut the District Attorney's showing that these FOIL requests were duplicative of prior requests that had been denied, where judicial review was dismissed as untimely (Matter of Mendez v. New York City Police Dept., 260 A.D.2d 262, 688 N.Y.S.2d 538 [1999] ).   Petitioner has also failed to describe the documents sought with sufficient specificity as to permit respondent to identify and locate them (see Public Officers Law § 89 [3];  Mitchell v. Slade, 173 A.D.2d 226, 227, 569 N.Y.S.2d 437 [1991], lv. denied 78 N.Y.2d 863, 578 N.Y.S.2d 877, 586 N.E.2d 60 [1991] ).

Petitioner's claim for additional jail-time credit is barred by res judicata.