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16 A.D.3d 416, 790 N.Y.S.2d 410, 2005 N.Y. Slip Op. 01716 v. TOWN OF CLARKSTOWN PLANNING BOARD, et al., appellants. 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
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)
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