DECISION ORDER
ORDERED that the appeals by Thomas J. Sorady and Kenneth Harvey are dismissed, for failure to perfect the same (see, 22 NYCRR 670.8[a]); and it is further,
ORDERED that the appeal by Francis Harvey is dismissed; and it is further,
ORDERED that the defendant Dallao Restaurant, Inc., is awarded one bill of costs, payable by the appellant Francis Harvey.
The order appealed from, which granted the motion of the appellant Francis Harvey for reargument and adhered to a determination in a prior order dated June 4, 1998, should be dismissed. Harvey previously appealed from the order dated June 4, 1998 (see, Appellate Division Docket No. 1998-06121), but that appeal was dismissed by decision and order on motion of this court dated March 23, 1999, for lack of prosecution (see, 22 NYCRR 670.8[h]). The dismissal constituted an adjudication on the merits with respect to all issues which could have been reviewed therein, and Harvey is therefore precluded from obtaining appellate review of those issues at this time (see, Bray v. Cox, 38 N.Y.2d 350 ; Lopez v. City of New York, 264 A.D.2d 819; [2d Dept., Sept. 27, 1999]; Felix v. Herby Realty Corp., 248 A.D.2d 431 ; Kimble v. Caraballo, 243 A.D.2d 610 ;Tepper v. Furino, 239 A.D.2d 405 ).