Sabba v. Jen Kuo Chen

In an action to foreclose a mortgage, the defendant Jing Chun-Wu appeals from an order of the Supreme Court, Queens County (Price, J.), dated August 22, 2003, which denied her motion for an evidentiary hearing.

Ordered that the appeal from the order is dismissed, without costs or disbursements.

As a general rule, we do not consider any issue on a subsequent appeal that was raised, or could have been raised, in a prior appeal that was dismissed for failure to prosecute, although we have the inherent jurisdiction to do so (see Rubeo v National Grange Mut. Ins. Co., 93 NY2d 750 [1999]; Bray v Cox,…