Opinion
October 16, 1989
Appeal from the Supreme Court, Westchester County (Rosato, J.).
Ordered that the judgment is affirmed, with costs payable to the intervenor by the appellant.
We find that the appellant's challenge to the resolution of the respondent Planning Board of the Town of Lewisboro dated October 6, 1987, on the basis that it did not have the authority to grant such approval, is without merit for reasons stated in the memorandum decision of Justice Rosato. The appellant's other contentions, which were not raised before the Supreme Court, are not properly before this court (see, Interfaith Med. Center v Shahzad, 124 A.D.2d 557, 559; cf., Block v Magee, 146 A.D.2d 730, 732-733).
In light of our determination, we need not address the intervenor's contention that the judgment should be affirmed on the ground that the proceeding is barred by the Statute of Limitations. Mangano, J.P., Lawrence, Kunzeman and Eiber, JJ., concur.