Opinion
February 3, 1989
Appeal from the Monroe County Family Court, Maas J.
Present — Denman, J.P., Boomer, Pine and Davis, JJ.
Judgment unanimously affirmed without costs (see, Matter of Catholic Charities v Barber, 109 Misc.2d 25, affd 84 A.D.2d 966). Memorandum: We add only that appellants' contentions that the provisions of the Social Services Law as here applied violate their equal protection and due process rights under either the Constitution of the United States or the Constitution of this State were not raised in the Family Court and thus have not been preserved for appellate review (see, Tumolillo v Tumolillo, 51 N.Y.2d 790; Arvantides v Arvantides, 106 A.D.2d 853, mod 64 N.Y.2d 1033; City of Rochester v Chiarella, 86 A.D.2d 110, affd 58 N.Y.2d 316; Marine Midland Bank-Central v Gleason, 62 A.D.2d 429 [4th Dept 1978], affd 47 N.Y.2d 758; 4 N.Y. Jur 2d, Appellate Review, § 117, at 187).