MATTER OF ROEMER v. BOARD OF ED., NEW YORK

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

The Supreme Court properly dismissed the petition as the petitioner did not demonstrate any basis for vacating the determination pursuant to CPLR 7511 (see, Education Law § 3020-a[5]; Matter of Fischer v. Smithtown Cent. School Dist., 262 A.D.2d 560 [2d Dept., June 21, 1999]). As a result, it is unnecessary to address the petitioner's remaining contentions which, in any event, are improperly raised for the first time on appeal.

MANGANO, P.J., THOMPSON, ALTMAN, and LUCIANO, JJ., concur.