Adolphe v. New York City Board of Education

*533Petitioner failed during the arbitration proceeding to preserve his argument that his First Amendment rights were violated. As a result, and contrary to petitioner’s contention on appeal, the issue was improperly raised for the first time in his petition before the court (see Matter of Migdal Plumbing & Heating Corp. [Dakar Devs.], 232 AD2d 62, 64 [1997], lv denied 91 NY2d 808 [1998]). Were we to consider this argument, we would find it without merit (see Garcetti v Ceballos, 547 US 410, 417 [2006]).

Petitioner’s contention that the hearing officer’s decision was based on mistakes of law and a…