Opinion
May 3, 1999
Appeal from the Supreme Court, Westchester County (Silverman, J.).
Ordered that the order is affirmed, with costs.
We agree with the Supreme Court that this action is barred as a result of the plaintiff's election to pursue administrative remedies ( see, Executive Law § 297 Exec.[9]; see also, Horowitz v. Aetna Life Ins., 148 A.D.2d 584, 585-586). The plaintiff's contention that she should be granted an extension to file an appeal from the administrative determination ( see, Executive Law § 298 Exec.) pursuant to CPLR 2001 is raised for the first time on appeal and is not properly before us.
Mangano, P. J., Santucci, Krausman, Florio and H. Miller, JJ., concur.