Mead v. Levitt , 74 N.Y.2d 634 ( 1989 )

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be affirmed, with costs.

We agree with the Appellate Division’s statement, in its order granting leave to appeal, that the issues addressed by petitioner in his appellate brief are unpreserved and are, therefore, beyond the scope of our review.

Chief Judge Wachtler and Judges Simons, Alexander, Titone, Hancock, Jr., and Bellacosa concur; Judge Kaye taking no part.

Order affirmed, with costs, in a memorandum.