Kirdahy-Scalia v. Scalia

Full title: DONNA KIRDAHY-SCALIA, Respondent, v. JOSEPH E. SCALIA, Appellant

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

Date published: May 6, 1996

227 A.D.2d 384 (N.Y. App. Div. 1996)

642 N.Y.S.2d 546

Opinion

May 6, 1996

Appeal from the Supreme Court, Nassau County (Goldstein, J.).

Ordered that the appeal is dismissed, with costs.

The issues raised by the defendant on the present appeal could have been raised on his prior appeal from the judgment dated September 13, 1994. Because this Court dismissed that appeal because of the defendant's failure to prosecute, "the defendant is prohibited from seeking judicial review of these issues on [this] later appeal" ( Tayer v. Tayer, 208 A.D.2d 609; see, Bray v Cox, 38 N.Y.2d 350, 355; Kemp v. City of New York, 208 A.D.2d 684, 686). Mangano, P.J., Thompson, Florio and McGinity, JJ., concur.