Opinion
(1198.1) CA 01-00936.
September 28, 2001.
(Appeal from Order of Supreme Court, Oswego County, Nicholson, J. — Summary Judgment.)
PRESENT: WISNER, J.P., HURLBUTT, SCUDDER, KEHOE AND BURNS, JJ.
Order unanimously affirmed without costs. Memorandum:
Supreme Court properly granted the motion of third-party defendants, Town of Schroeppel (Town) and Neil Candee, the Town's employee, seeking summary judgment dismissing the third-party complaint for contribution ( see, Guereschi v. Bouchard, 286 A.D.2d 997 [decided herewith]). The contention of third-party plaintiffs that the Town and Candee are liable pursuant to General Municipal Law §§ 50-a and 50-b for the negligence of Candee is raised for the first time on appeal and therefore is not properly before us ( see, Ciesinski v. Town of Aurora, 202 A.D.2d 984, 985).