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CATAMOUNT ENTERS. LTD. v. TOWN OF LYONS ASSESSORS

244 A.D.2d 913 (1997)

668 N.Y.S.2d 124

Catamount Enterprises Limited, Respondent, v. Town of Lyons Assessors et al., Appellants

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

November 19, 1997

Order unanimously affirmed without costs.

Memorandum:

Respondents contend that Supreme Court should have dismissed that portion of the petition alleging that the assessment of petitioner's real property was unlawful. Because that contention is made for the first time on appeal, we do not consider it (see, ICS/Executone Telecom v Performance Parts Warehouse, 171 A.D.2d 1066; see also, Enderby v Keppler...

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