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SPIRITIS v. VILLAGE OF HEMPSTEAD COMMUNITY DEVELOPMENT AGENCY

63 A.D.3d 907 (2009)

880 N.Y.S.2d 543

GLEN L. SPIRITIS, Respondent, v. VILLAGE OF HEMPSTEAD COMMUNITY DEVELOPMENT AGENCY, Appellant.

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

Decided June 16, 2009.

Ordered that the judgment is affirmed, with costs.

As a general rule, this Court does not consider an issue raised on a subsequent appeal that was or could have been raised on a prior 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, 38 N.Y.2d 350

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