Ordered that the appeal is dismissed, without costs or disbursements.
As a general rule, we do not consider an issue on a subsequent appeal that was raised, or could have been raised, on an earlier appeal which was dismissed for lack of prosecution, although this Court has inherent jurisdiction to do so ( see Rubeo v. National Grange Mut. Ins. Co., 93 NY2d 750; Bray v. Cox, 38 NY2d 350; Paniccia v. Long Is. R.R. Co., 297 AD2d 366). Here, the appellants appealed, by permission, from an order dated July 23, 2003, denying their motion to dismiss the petition on res judicata grounds based on a prior determination by Justice Weiner at the Supreme Court, Rockland County, in another case. The appeal was later dismissed by this Court for failure to prosecute (App Div Docket No. 2001-05258). We decline to exercise our discretion to address the appellants' argument as to the effect of Justice Weiner's prior order on the present petition, an issue no different than the res judicata issue which could have been raised on the prior appeal.