Opinion
October 25, 1990
Appeal from the Supreme Court, Dutchess County (Nastasi, J.).
Plaintiff, an inmate at Green Haven Correctional Facility in Dutchess County, sought damages against correction officers and other employees of the facility in their individual capacities, alleging that disciplinary proceedings had been instituted against him based on an allegedly false misbehavior report. We find that Supreme Court properly dismissed the action on the grounds that plaintiff was precluded from suing defendants in their individual capacities under Correction Law § 24 and that, under that statute, a claim for damages commenced against the State must be initiated in the Court of Claims (see, Arteaga v State of New York, 72 N.Y.2d 212).
Plaintiff's remaining contentions with respect to 42 U.S.C. § 1983 are being raised for the first time on appeal and, as such, are not properly preserved for our review (see, Peoples Commercial Bank v. Greene Distrib., 149 A.D.2d 774, 775).
Order affirmed, without costs. Kane, J.P., Weiss, Mikoll, Yesawich, Jr., and Mercure, JJ., concur.