MERCER v. CITY OF NEW YORK

It is clear to us that the contentions raised by petitioner on this appeal are barred by a prior order entered in a separate tax foreclosure proceeding, in which substantially similar relief was denied petitioner, and which petitioner never appealed. The entry of the earlier order is dispositive, and it is therefore unnecessary to reach the remaining contentions raised on this appeal.

Concur — Ross, J.P., Rosenberger, Asch and Smith, JJ.