Opinion
CA 02-02196
May 2, 2003.
Appeal from an order of Supreme Court, Jefferson County (Gilbert, J.), dated July 10, 2002, which, inter alia, granted defendant's motion for summary judgment dismissing the complaint.
DELBERT WAYNE HARGIS, JR., PLAINTIFF-APPELLANT PRO SE.
HARRIS BEACH LLP, PITTSFORD (DANIEL J. MOORE OF COUNSEL), FOR DEFENDANT-RESPONDENT.
PRESENT: PIGOTT, JR., P.J., GREEN, PINE, BURNS, AND GORSKI, JJ.
MEMORANDUM AND ORDER
It is hereby ORDERED that the order so appealed from be and the same hereby is unanimously affirmed without costs.
Memorandum:
We affirm for reasons stated in the decision at Supreme Court, Jefferson County (Gilbert, J.). We add only that plaintiff's contention concerning the inapplicability of absolute privilege is raised for the first time on appeal and thus is not properly before us ( see Ciesinski v. Town of Aurora, 202 A.D.2d 984, 985).