Matter of Lebron v NYCDOC Deputy Commr. Sandra Lewis Smith

Matter of Lebron v Smith 2007 NY Slip Op 04544 [40 AD3d 515] May 29, 2007 Appellate Division, First Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. As corrected through Wednesday, July 11, 2007

In the Matter of Elvin Lebron, Appellant, v Sandra Lewis Smith, as Deputy Commissioner of the New York City Department of Correction, et al., Respondents.

—[*1] 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 AD2d 262 [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 AD2d 226, 227 [1991], lv denied 78 NY2d 863 [1991]).

Petitioner's claim for additional jail-time credit is barred by res judicata. Concur—Tom, J.P., Andrias, Nardelli, Williams and Buckley, JJ.