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MATTER OF JOHNSON v. BAKER

307 A.D.2d 318 (2003)

762 N.Y.S.2d 514

In the Matter of EARNESTINE JOHNSON, Respondent, v. JAMES BAKER et al., Respondents, and REYNARD BAMBERG, Appellant

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

Decided July 21, 2003.

Ordered that the order dated October 15, 2001, is affirmed, without costs or disbursements.

As a general rule, we do not consider any issue on a subsequent appeal that was raised, or could have been raised, on an earlier appeal which was dismissed for lack of prosecution (see Rubeo v National Grange Mut. Ins. Co., 93 N.Y.2d 750 [1999]; Bray v Cox, 38 N.Y.2d 350 [1976]; Jelicks...

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