Opinion
Argued November 29, 1999
January 18, 2000
In a proceeding pursuant to CPLR article 75 and Education Law § 3020-a(5) to vacate a determination of a Hearing Officer which, after a hearing, sustained charges of rendering incompetent service and insubordination and terminated the petitioner's employment, the petitioner appeals from an order and judgment (one paper) of the Supreme Court, Kings County (Vaughan, J.), dated December 10, 1998, which granted the respondent's cross motion to dismiss the petition and dismissed the petition.
David Roemer, Brooklyn, N.Y., appellant pro se.
Michael D. Hess, Corporation Counsel, New York, N.Y. (Francis F. Caputo and George Gutwirth of counsel), for respondent.
GUY JAMES MANGANO, P.J., WILLIAM C. THOMPSON, MYRIAM J. ALTMAN and DANIEL F. LUCIANO, JJ.
DECISION ORDER
ORDERED that the order and judgment is affirmed, with costs.
The Supreme Court properly dismissed the petition as the petitioner did not demonstrate any basis for vacating the determination pursuant to CPLR 7511 (see, Education Law § 3020-a[5]; Matter of Fischer v. Smithtown Cent. School Dist., 262 A.D.2d 560 [2d Dept., June 21, 1999]). As a result, it is unnecessary to address the petitioner's remaining contentions which, in any event, are improperly raised for the first time on appeal.
MANGANO, P.J., THOMPSON, ALTMAN, and LUCIANO, JJ., concur.