Opinion
February 21, 1986
Appeal from the Supreme Court, Wyoming County, Dadd, J.
Present — Denman, J.P., Boomer, Green, O'Donnell and Schnepp, JJ.
Judgment unanimously reversed, on the law, and petition dismissed. Memorandum: We reverse for the reason stated in Matter of Elliott v. Kelly ( 117 A.D.2d 1002). We add only that the remaining issues petitioner raises here were not raised before Special Term and, therefore, are not properly before this court (see, Lyons v. Quandt, 91 A.D.2d 709, 710; Matter of Van Wormer v Leversee, 87 A.D.2d 942, 943; Peasley v. Reid, 57 A.D.2d 998, 999; Matter of Chauvel v. Nyquist, 55 A.D.2d 76, 79, affd 43 N.Y.2d 48).