On March 27, 2026, the Fourth Department issued a decision in Federal Natl. Mtge. Assn. v. Buczek, 2026 NY Slip Op. 01889, holding that matters that could have been raised in a prior appeal but were not cannot be raised in a later appeal, explaining:
An appeal that has been dismissed for failure to prosecute bars, on the merits, a subsequent appeal as to all questions that could have been raised on the earlier appeal had it been perfected. Here, all of defendant’s substantive contentions on the instant appeal could have been raised in the prior appeals had those appeals been properly perfected. Consequently, dismissal of the instant appeal is warranted. We decline to exercise our discretion to review the merits of defendant’s contentions.
(Internal quotations and citations omitted).