Opinion
July 13, 1998
Appeal from the Supreme Court, Dutchess County (Bernhard, J.).
Ordered that the order is affirmed, with costs.
The Supreme Court did not improvidently exercise its discretion in denying the appellant's motion, inter alia, for an order of preclusion ( see, Heffran v. St. Vincent's Med. Ctr., 236 A.D.2d 367).
The appellant's contention that this action should not be noticed for trial is being raised for the first time on appeal and thus will not be considered by this Court ( see, Murray v. Palmer, 229 A.D.2d 377).
O'Brien, J. P., Ritter, Friedmann and Goldstein, JJ., concur.