|
16 A.D.3d 416, 790 N.Y.S.2d 410, 2005 N.Y. Slip Op. 01716 (N.Y.A.D. 2 Dept. 2005)
Supreme Court, Appellate Division, Second Department, New York.
In the Matter of JOY BUILDERS, INC., et al., respondents, v. TOWN OF CLARKSTOWN PLANNING BOARD, et al., appellants. March 7, 2005. John A. Costa, Town Attorney, New City, N.Y. (Daniel N. Kraushaar and Harold Y. MacCartney of counsel), for appellants. ORDERED that the appeal is dismissed, without costs or disbursements. As a general rule, we do not consider an issue on a subsequent appeal that was raised, or could have been raised, on an earlier appeal which was dismissed for lack of prosecution, although this court has inherent jurisdiction to do so ( see Rubeo v. National Grange Mut. Ins. Co., 93 N.Y.2d 750, 697 N.Y.S.2d 866, 720 N.E.2d 86; Bray v. Cox, 38 N.Y.2d 350, 379 N.Y.S.2d 803, 342 N.E.2d 575; **411 (Cite as: 16 A.D.3d 416, *416, 790 N.Y.S.2d 410, **411, 2005 N.Y. Slip Op. 01716) Paniccia v. Long Is. R.R. Co., 297 A.D.2d 366, 746 N.Y.S.2d 607). Here, the appellants appealed, by permission, from an order dated July 23, 2003, denying their motion to dismiss the petition on res judicata grounds based on a prior determination by Justice Weiner at the Supreme Court, Rockland County, in another case. The appeal was later dismissed by this court for failure to prosecute (Appellate Division Docket No. 2001-05258). We decline to exercise our discretion to address the appellants' *417 (Cite as: 16 A.D.3d 416, *417, 790 N.Y.S.2d 410, **411, 2005 N.Y. Slip Op. 01716) argument as to the effect of Justice Weiner's prior order on the present petition, an issue no different than the res judicata issue which could have been raised on the prior appeal. PRUDENTI, P.J., RITTER, FISHER and LIFSON, JJ., concur. Copr. (C) West 2006 No Claim to Orig. U.S. Govt. Works N.Y.A.D. 2 Dept. 2005. Joy Builders, Inc. v. Town of Clarkstown Planning Bd. 16 A.D.3d 416, 790 N.Y.S.2d 410, 2005 N.Y. Slip Op. 01716 Briefs and Other Related Documents (Back to top) • 2004 WL 3392359 (Appellate Brief) Brief of Petitioners-Respondents (Apr. 15, 2004) • 2004 WL 3392358 (Appellate Brief) Brief of Respondents-Appellants (Mar. 15, 2004) The Hudson Valley Law Firm of Ostrer Rosenwasser, LLP, represents clients with personal injury, civil and criminal litigation, matrimonial law issues, in both New York State, and Federal Courts including Chester, Montgomery, Newburgh, Middletown, Kingston, Ellenville, Monticello, Poughkeepsie, Goshen, New City, Wurtsboro, New Platz, Ulster County, Sullivan County, Rockland County, Dutchess County and Orange County, NY. * CV, BV, and AV are registered certification marks of Reed Elsevier Properties, Inc., used in accordance with the Martindale-Hubbell certification procedures, standards, and policies. Martindale-Hubbell is the facilitator of a peer review rating process. Ratings reflect the confidential opinions of members of the Bar and the judiciary. Martindale-Hubbell Ratings evaluate two categories - legal ability and general ethical standards. |
Ostrer Rosenwasser, LLP
Hudson Valley
Law Attorneys
P.O. Box 509
111 Main Street
Chester, New York 10918
Telephone: (845) 469-7577
Toll Free: (877) 469-7577
Fax: (845) 469-8690
P.O. Box 69
201 Ward Street
Montgomery, New York 12549
Telephone: (845) 457-4646
Fax: (845) 457-9007
