Opinion
Argued April 24, 1979
Decided May 31, 1979
Appeal from the Appellate Division of the Supreme Court in the First Judicial Department, ABRAHAM J. GELLINOFF, J.
Michael M. Platzman and Louis Noah Forman for appellant.
Murray Ramson for respondent.
MEMORANDUM.
Order affirmed for the reasons stated in the memorandum of the Appellate Division. In addition, plaintiff's constitutional challenge to the statute on equal protection grounds, having been raised for the first time on this appeal, is not entitled to be reviewed by us. It has long been the settled rule that, unless a constitutional argument is properly raised for decision below, it will not be considered in this court (see National Organization for Women v State Div. of Human Rights, 32 N.Y.2d 940; Cohen and Karger, Powers of the New York Court of Appeals, § 162, pp 630-631; § 169, p 641).
Chief Judge COOKE and Judges JASEN, GABRIELLI, JONES, WACHTLER and FUCHSBERG concur.
Order affirmed, with costs, in a memorandum.