COSIMO PANETTA v. RICHARD CARROLL

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 are not properly before this Court on appeal ( see Pekich v James E. Lawrence, Inc., 38 AD3d 632). Further, none of the arguments present a question of law which could not have been avoided if raised at the proper juncture. Thus, the arguments may not be reached for the first time on appeal ( id.). Accordingly, the dismissal of the proceeding should be affirmed.