Opinion
February 1, 1999
Appeal from the Supreme Court, Kings County (Vinik, J.).
Ordered that the appeal is dismissed, without costs or disbursements.
The arguments advanced by the appellant on this appeal were either raised or could have been raised in her appeal from an order of the same court dated November 9, 1995, which denied the appellant's prior application for essentially the same relief. That appeal was dismissed by a decision and order on motion of this Court on November 1, 1996, for failure to prosecute. The dismissal of an appeal for failure to prosecute constitutes an adjudication on the merits of all claims which were raised, or which could have been raised, on that appeal ( see, e.g., Matter of Ellsman, 77 N.Y.2d 926; Bray v. Cox, 38 N.Y.2d 350, 355; Felix v. Herby Realty Corp., 248 A.D.2d 431; Brosnan v. Behette, 243 A.D.2d 524). Accordingly, the appellant's instant claims are barred, and her appeal is dismissed.
Santucci, J. P., Joy, Altman and Luciano, JJ., concur.