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RUBEO v. NATL GRANGE MUT INS

93 N.Y.2d 750 (1999)

720 N.E.2d 86

697 N.Y.S.2d 866

THOMAS J. RUBEO, Appellant, v. NATIONAL GRANGE MUTUAL INSURANCE CO., Respondent, et al., Defendant.

Court of Appeals of the State of New York.

Decided October 14, 1999.

Attorney(s) appearing for the Case

Sullivan & Damen, White Plains (Philip B. Murphy of counsel), for appellant.

Kelly & Meenagh, Poughkeepsie (John P. Meenagh, Jr., of counsel), for respondent.

Judges BELLACOSA, SMITH, LEVINE, CIPARICK and WESLEY concur; Judge ROSENBLATT taking no part.

OPINION OF THE COURT

Chief Judge KAYE.

The core question before us is a practice issue that has recurred in varying forms: what is the consequence of abandoning an appeal and then, later in the litigation, filing a second appeal presenting the same issue? Consistent with our precedents, we conclude that the Appellate Division, in the circumstances presented, correctly dismissed the second appeal.

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