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MATTER OF RAMSEY v. CITY OF NEW YORK

8 A.D.3d 392 (2004)

777 N.Y.S.2d 701

In the Matter of ROSIE RAMSEY, Appellant, v. CITY OF NEW YORK et al., Respondents.

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

June 7, 2004.

Ordered that the judgment is affirmed, with costs.

The issue of whether or not the Supreme Court was required to hold a hearing prior to making a determination on the petition was improperly raised for the first time in the petitioner's reply papers, and therefore is not properly before this Court (see McCarthy v City of New York, 5 A.D.3d 445 [2004]; Medugno v City of Glen Cove, 279 A.D.2d 510

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