DECISION ORDER
ORDERED that the order is affirmed, with one bill of costs.
The Supreme Court properly granted the respondents' respective cross motions to dismiss the first and fifth causes of action to recover damages for conscious pain and suffering of the decedent and wrongful death insofar as asserted against them, on the ground that the plaintiffs did not have the capacity to sue. The plaintiffs commenced this action individually and on behalf of their infant son, but they had not obtained letters of administration at the time that the action was commenced (see, Goldberg v. Camp Mikan-Recro, 42 N.Y.2d 1029; McCormack v. County of Westchester, 255 A.D.2d 296; LaBoy v. Children's Hosp. of Buffalo, 249 A.D.2d 944).
The plaintiffs' contention that the Supreme Court erred in failing to grant them leave to commence a new action pursuant to CPLR 205(a) is not properly before this court, since it was not raised before the Supreme Court.
The plaintiffs' remaining contentions are without merit.
MANGANO, P.J., SANTUCCI, KRAUSMAN, FLORIO and SCHMIDT, JJ., concur.