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HEPNER v. NEW YORK CITY TRANSIT AUTHORITY

27 A.D.3d 418 (2006)

810 N.Y.S.2d 663

CLIFF HEPNER et al., Appellants, v. NEW YORK CITY TRANSIT AUTHORITY et al., Respondents, et al., Defendants.

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

March 7, 2006.

Ordered that the appeal is dismissed, with costs.

As a general rule, we do not consider an issue on a subsequent appeal which was raised or could have been raised in an earlier appeal which was dismissed for lack of prosecution, although the court has the inherent jurisdiction to do so (see Rubeo v National Grange Mut. Ins. Co., 93 N.Y.2d 750 [1999]; Bray v Cox,

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