Panetta v. Carroll

In a proceeding pursuant to CFLR article 78 in the nature of mandamus to compel the issuance of a certificate of occupancy, the petitioner appeals from an order and judgment (one paper) of the Supreme Court, Westchester County (Adler, J.), entered July 25, 2007, which granted that branch of the respondents’ motion which was to dismiss the proceeding as time-barred and dismissed the proceeding.

Ordered that the order and judgment is affirmed, with costs.

None of the arguments raised by the petitioner on appeal were raised before the Supreme Court prior to its determination. Thus, the arguments…