Opinion
August 18, 1993
Appeal from the Supreme Court, Kings County (Garry, J.).
Ordered that the judgment is affirmed, without costs or disbursements.
The appellant contends that the trial court erred by refusing to admit evidence of fraud without a prior written offer of proof having been filed by August 2, 1993, as specified in Justice William Garry's Rules for the Special Election Part of the Supreme Court, Kings County. We find the appellant's argument to be without merit, since the above-noted rules clearly state that "A written offer of proof in all maters [sic] alleging a question of fraud * * * shall be filed with the Clerk of the Part no later than 10 A.M., Monday, August 2, 1993".
The appellants' allegation that those rules were invalid because they were not approved by appropriate authorities is unpreserved for appellate review, as they never raised this claim before the Supreme Court, Kings County (see, Matter of Aetna Cas. Sur. Co. v Scirica, 170 A.D.2d 448; Fresh Pond Rd. Assocs. v Estate of Schacht, 120 A.D.2d 561). Sullivan, J.P., Eiber, O'Brien and Joy, JJ., concur.