Opinion
October 20, 1997
Appeal from the Supreme Court, Queens County (Schmidt, J.).
Ordered that the appeal is dismissed, with costs.
The order appealed from it is not reviewable. A prior appeal from the order dated September 6, 1996, denying the defendant's motion for summary judgement was dismissed by decision and order on motion of this Court dated May 12, 1997 (App.Div. Docket No. 96-09194), for failure to perfect the appeal. The dismissal of that appeal for want of prosecution was an adjudication on the merits with respect to all issues which could have been reviewed therein, and the defendants are therefore precluded from obtaining appellate review of those issues at this time ( see, Bray v. Cox, 38 N.Y.2d 350, 355; Tepper v. Furino, 239 A.D.2d 405; Feeley v Midas Props., 221 A.D.2d 314, 315).
Mangano, P.J., Copertino, Joy, Florio and Luciano, JJ., concur.