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CATALANO v. CITY OF NEW YORK

63 A.D.3d 979 (2009)

880 N.Y.S.2d 549

JOAN CATALANO, Appellant, v. CITY OF NEW YORK et al., Respondents.

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

Decided June 23, 2009.

Ordered that the appeal is dismissed, with costs.

As a general rule, we do not consider any issue raised on a subsequent appeal that was raised, or could have been raised, in an earlier appeal that was dismissed for lack of prosecution, although we have the inherent jurisdiction to do so (see Rubeo v National Grange Mut. Ins. Co., 93 N.Y.2d 750 [1999]; Bray v Cox, 38 N.Y.2d 350 ...

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