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PAGONES v. MADDOX JR.

295 A.D.2d 489 (2002)

744 N.Y.S.2d 859

STEVEN A. PAGONES, Respondent, v. ALTON H. MADDOX, JR., et al., Appellants. ELIOT SPITZER, Attorney General, Nonparty Respondent.

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

Decided June 17, 2002.

Ordered that the appeal is dismissed, without costs or disbursements.

As a general rule, this Court will not consider any issue raised on a subsequent appeal that was raised or could have been raised on an earlier appeal that was dismissed for failure to prosecute, although we have inherent discretion to consider such issues (see Bray v Cox, 38 N.Y.2d 350). Here, we decline to exercise this discretion. The appellants previously...

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