IN THE MATTER OF WEINSTEIN v. STATE

ORDERED that the appeal is dismissed, with costs.

As a general rule, we do not consider any issue raised on a subsequent appeal that was raised, or could have been raised, in an earlier appeal which was dismissed for lack of prosecution, although we have inherent jurisdiction to do so (see Rubeo v. National Grange Mut. Ins. Co., 93 N.Y.2d 750; Bray v. Cox, 38 N.Y.2d 350). Here, the claimant appealed from a prior order of the Court of Claims dated September 26, 2000, which denied his application for leave to file a late claim. That appeal (Appellate Division Docket No. 2000-10690) was dismissed by decision and order on motion of this court, dated August 2, 2001, for failure to prosecute. The dismissal for lack of prosecution bars the instant appeal which raises issues which could have been raised on the prior appeal (see, Rubeo v. National Grange Mut. Ins. Co., supra; Bray v. Cox, supra).

PRUDENTI, P.J., FLORIO, S. MILLER, FRIEDMANN and ADAMS, JJ., concur.