| JPMorgan Chase Bank, N.A. v Schott |
| 2014 NY Slip Op 07984 [122 AD3d 801] |
| November 19, 2014 |
| Appellate Division, Second Department |
[*1]
| JPMorgan Chase Bank, National Association,Respondent, v Vicki Schott, Also Known as Vicki A. Mosello and Another,Appellant, et al., Defendant. |
Jeffrey I. Klein, White Plains, N.Y., for appellant.
Parker Ibrahim & Berg LLC, New York, N.Y. (Anthony W. Vaughn,Jr., and Kashif I. Chand of counsel), for respondent.
In an action to foreclose a mortgage, the defendant Vicki Schott, also known asVicki A. Mosello, also known as Vicki A. Schott, appeals from a judgment offoreclosure and sale of the Supreme Court, Westchester County (Lefkowitz, J.), datedSeptember 5, 2012, which upon an order of the same court dated August 1, 2012,granting the plaintiff's motion for summary judgment on the complaint, directed the saleof the subject premises.
Ordered that the appeal is dismissed, with costs.
As a general rule, we do not consider an issue on a subsequent appeal which wasraised or could have been raised in an earlier appeal which was dismissed for lack ofprosecution, although this Court has the inherent jurisdiction to do so (see Rubeo vNational Grange Mut. Ins. Co., 93 NY2d 750 [1999]; Bray v Cox, 38 NY2d350 [1976]). The defendant Vicki Schott, also known as Vicki A. Mosello, also knownas Vicki A. Schott, appealed from an order dated August 1, 2012, which granted amotion by the plaintiff for summary judgment on the complaint in this mortgageforeclosure action. However, that appeal was dismissed by decision and order on motionof this Court dated May 3, 2013, for failure to timely perfect. We decline to exercise ourdiscretion to determine the merits of the instant appeal, which raises the same issues thatcould have been raised on the appeal from the order granting the plaintiff's motion forsummary judgment (seeMadison Realty Capital, L.P. v Broken Angel, LLC, 107 AD3d 766, 767[2013]; see also Bray v Cox, 38 NY2d at 353-356). Rivera, J.P., Skelos,Dickerson and Barros, JJ., concur.
[Recalled and vacated, see 130 AD3d 875.]