Opinion
November 20, 1989
Appeal from the Supreme Court, Nassau County (Morrison, J.).
Ordered that the appeal from the order is dismissed, without costs or disbursements, as no appeal lies from an order denying reargument; and it is further,
Ordered that the judgment is affirmed, without costs or disbursements.
The Supreme Court properly concluded that the petitioner waived the claims he asserted before it, and now asserts on appeal, by failing to pursue those claims at his final parole revocation hearing. The petitioner, who was represented by counsel, registered no objection to the location of the hearing (cf., People ex rel. Madison v Sullivan, 142 A.D.2d 621, 622). Nor did the petitioner at any time attempt to call the witness he now asserts was necessary to support his claims with regard to the imposition of the appropriate penalty. Under the circumstances, the dismissal of the proceeding by the Supreme Court was proper. Mangano, J.P., Lawrence, Kooper and Balletta, JJ., concur.