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In the Matter of Johnson v. Baker

Appellate Division of the Supreme Court of New York, Second Department
Jul 21, 2003
307 A.D.2d 318 (N.Y. App. Div. 2003)

Opinion

2002-00720

Submitted May 27, 2003.

July 21, 2003.

In a child custody proceeding pursuant to Family Court Act article 6, the father appeals from an order of the Family Court, Queens County (DePhillips, J.), dated October 15, 2001, which denied his motion, in effect, to vacate a prior order of the same court dated November 6, 1992 (Clark, J.), granting custody of the subject child to the paternal great-grandparents, and a prior order of the same court dated March 1, 1999 (Friedman, J.), granting custody of the subject child to the petitioner, a great-aunt.

Reynard Bamberg, Bronx, N.Y., appellant pro se.

Before: NANCY E. SMITH, J.P., GABRIEL M. KRAUSMAN, DANIEL F. LUCIANO, STEPHEN G. CRANE, JJ.


DECISION ORDER

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; Bray v. Cox, 38 N.Y.2d 350; Jelicks v. Camacho, 290 A.D.2d 535). Here, the father appealed from the prior order dated November 6, 1992, granting custody of the subject child to the paternal great-grandparents, and the prior order dated March 1, 1999, granting custody of the subject child to the petitioner, a great-aunt. Those appeals were dismissed by this court for failure to prosecute. Under the circumstances of this case, the father should not be permitted to raise any issue that could have been raised on the prior appeals.

The father's remaining contentions are without merit.

SMITH, J.P., KRAUSMAN, LUCIANO and CRANE, JJ., concur.


Summaries of

In the Matter of Johnson v. Baker

Appellate Division of the Supreme Court of New York, Second Department
Jul 21, 2003
307 A.D.2d 318 (N.Y. App. Div. 2003)
Case details for

In the Matter of Johnson v. Baker

Case Details

Full title:IN THE MATTER OF EARNESTINE JOHNSON, petitioner-respondent, v. JAMES…

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

Date published: Jul 21, 2003

Citations

307 A.D.2d 318 (N.Y. App. Div. 2003)
762 N.Y.S.2d 514

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