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EVERETT v. BROWN

278 A.D.2d 195 (2000)

716 N.Y.S.2d 904

DEBORAH EVERETT, Respondent, v. MICHAEL BROWN, Appellant.

Appellate Division of the Supreme Court of the State of New York, Second Department.

Decided December 4, 2000.

Ordered that the appeal is dismissed, with costs.

A litigant may not raise an issue on a subsequent appeal which was raised, or could have been raised, in an earlier appeal that was dismissed for lack of prosecution (see, Bray v Cox, 38 N.Y.2d 350). Here, the defendant appealed from a prior order of the Supreme Court, Kings County, dated November 17, 1999, which directed him to produce a photograph of himself. That appeal...

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