RICHARD AMES PLAINTIFF RESPONDENT v. ROBERT JAMES SHUTE DEFENDANT APPELLANT (2011)

Supreme Court, Appellate Division, Fourth Department, New York.

RICHARD N. AMES, PLAINTIFF–RESPONDENT, v. ROBERT JAMES SHUTE, DEFENDANT–APPELLANT.

CA 11–00701

Decided: December 30, 2011

PRESENT: CENTRA, J.P., PERADOTTO, CARNI, LINDLEY, AND SCONIERS, JJ.

WOODRUFF LEE CARROLL, SYRACUSE, FOR DEFENDANT–APPELLANT. RICHARD N. AMES, FAYETTEVILLE, PLAINTIFF–RESPONDENT PRO SE.

MEMORANDUM AND ORDER

It is hereby ORDERED that the judgment so appealed from is unanimously affirmed without costs.

Memorandum: On appeal from a judgment of foreclosure and sale, defendant contends for the first time on appeal that, inter alia, the mortgage loan documents should be construed together with a joint venture agreement between plaintiff, defendant and a nonparty. Inasmuch as defendant failed to raise that contention at Supreme Court, it is not properly before us (see Ciesinski v. Town of Aurora, 202 A.D.2d 984, 985). In any event, we have considered the merits of defendant's contentions that are raised for the first time on appeal and conclude that they are without merit.

Frances E. Cafarell

Clerk of the Court

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