DESTEFANO v. DESTEFANO


288 A.D.2d 251 (2001)

732 N.Y.S.2d 595

JOSEPH DESTEFANO, Appellant, v. JOSEPH V. DESTEFANO et al., Respondents.

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

Decided November 13, 2001.


Ordered that the appeal is dismissed, with costs.

The appellant's prior appeal from an order of the Supreme Court, Rockland County, dated January 27, 2000, was dismissed on February 14, 2001, for lack of prosecution (see, 22 NYCRR 670.8 [h]). Since a dismissal for want of prosecution constitutes an adjudication on the merits with respect to all issues which could have been raised therein, the appellant is precluded from obtaining appellate review of those issues...

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