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KING v. COMPASS RETAIL

226 A.D.2d 263 (1996)

641 N.Y.S.2d 269

Linda King et al., Appellants, v. Compass Retail et al., Respondents, et al., Defendants

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

April 23, 1996

The record shows that plaintiffs filed a notice of appeal from the prior order of October 20, 1994, but that the appeal was automatically dismissed for failure to perfect (22 NYCRR 670.8 [e], [h]). Since such a dismissal is tantamount to an affirmance, issues that could have been raised on the dismissed appeal may not be reviewed on the instant appeal (Montalvo v Nel Taxi Corp., 114 A.D.2d 494, lv denied and dismissed

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