The petition was properly dismissed as barred by res judicata to the extent it seeks items to which access was denied in the prior article 78 proceeding between the parties. However, as respondents concede, some of the items now sought were not specifically designated in petitioner's prior request for records, and, as to those items, there should be a remand for a determination as to which, if any, are not duplicative of the previously requested items. Upon review of the two requests, we can eliminate only items 1 and 2 of the current request as duplicative of items 9 and 10 of the prior request. Since the prior article 78 proceeding was finally decided against petitioner before the decision in Matter of Gould v. New York City Police Dept. ( 89 N.Y.2d 267), there is no merit to petitioner's argument that respondents must reconsider his first request in light of that case ( see, Matter of Gowan v. Tully, 45 N.Y.2d 32, 36; Matter of Pelt v. Police Dept., 258 A.D.2d 382).
Concur — Rosenberger, J. P., Nardelli, Lerner, Saxe and Friedman, JJ.