Habenicht v. Nassau Cty. Dept. of Soc. Serv

Full title: MELITA HABENICHT, Respondent, v. NASSAU COUNTY DEPARTMENT OF SOCIAL…

Court: Appellate Division of the Supreme Court of New York, Second Department

Date published: Oct 14, 1986

123 A.D.2d 667 (N.Y. App. Div. 1986)

Opinion

October 14, 1986

Appeal from the Supreme Court, Nassau County (Morrison, J.).

Ordered that the appeal from the order is dismissed (see, Matter of Aho, 39 N.Y.2d 241, 248). The issues raised on appeal from the order are brought up for review and have been considered on the appeal from the judgment (see, CPLR 5501 [a] [1]); and it is further,

Ordered that the judgment is affirmed; and it is further

Ordered that the plaintiff is awarded one bill of costs.

On this appeal, the defendant has abandoned the arguments it presented to the Supreme Court, Nassau County. In addition, it improperly seeks to raise a new argument not previously presented to that court, which we decline to consider (see, Station Pump Tank Maintenance Constr. v Score Oil Corp., 112 A.D.2d 931). Lazer, J.P., Mangano, Bracken and Niehoff, JJ., concur.