| Matter of Panetta v Carroll |
| 2009 NY Slip Op 04244 [62 AD3d 1010] |
| May 26, 2009 |
| Appellate Division, Second Department |
| In the Matter of Cosimo Panetta, Appellant, v RichardCarroll et al., Respondents. |
—[*1] Ahmuty, Demers & McManus, Albertson, N.Y. (Brendan T. Fitzpatrick of counsel), forrespondents.
In a proceeding pursuant to CPLR article 78 in the nature of mandamus to compel theissuance of a certificate of occupancy, the petitioner appeals from an order and judgment (onepaper) of the Supreme Court, Westchester County (Adler, J.), entered July 25, 2007, whichgranted that branch of the respondents' motion which was to dismiss the proceeding astime-barred and dismissed the proceeding.
Ordered that the order and judgment is affirmed, with costs.
None of the arguments raised by the petitioner on appeal were raised before the SupremeCourt prior to its determination. Thus, the arguments are not properly before this Court on appeal(see Pekich v James E. Lawrence, Inc.,38 AD3d 632 [2007]). Further, none of the arguments present a question of law whichcould not have been avoided if raised at the proper juncture. Thus, the arguments may not bereached for the first time on appeal (id.). Accordingly, the dismissal of the proceedingshould be affirmed. Rivera, J.P., Dillon, Santucci and Angiolillo, JJ., concur.