The motion was properly denied on the ground that this Court previously denied another motion in this proceeding that sought the same relief on the same facts (M-1069, Apr. 30, 1998, 1998 NY App Div LEXIS 5628). There is no merit to petitioner's arguments that this prior order was not on the merits and that this Court lacked subject matter jurisdiction to decide it. We have considered and rejected petitioner's other...
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