Brennan v. Breezy Point Cooperative, Inc.

Motion for leave to appeal dismissed with $20 costs and necessary reproduction disbursements. Dismissal of the appeal taken as of right for lack of prosecution was a determination on the merits of all claims which could have been litigated had that appeal been timely argued or submitted (see, Capone v Chesebrough Ponds, 67 NY2d 904 ).