UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT SUMMARY ORDER THIS SUMMARY ORDER WILL NOT BE PUBLISHED IN THE FEDERAL REPORTER AND MAY NOT BE CITED AS PRECEDENTIAL AUTHORITY TO THIS OR ANY OTHER COURT, BUT MAY BE CALLED TO THE ATTENTION OF THIS OR ANY OTHER COURT IN A SUBSEQUENT STAGE OF THIS CASE, IN A RELATED CASE, OR IN ANY CASE FOR PURPOSES OF COLLATERAL ESTOPPEL OR RES JUDICATA.

At a stated term of the United States Court of Appeals for the Second Circuit, held at the United States Courthouse, Foley Square, in the City of New York, on the 22nd day of February, Two thousand and two.

PRESENT:

Hon. James L. Oakes, Hon. Ellsworth Van Graafeiland, Hon. Robert A. Katzmann, Circuit Judges.

Anthony J. Carfizzi, Plaintiff-Cross-Claimant-Appellant, -v.- No. 01-7778

John Doe, Etc., Defendant, Town of New Windsor, and/or Town of New Windsor Police Department, Town of Cornwall, Defendants-Appellees, Town of Cornwall Police Dept., et. al., Defendant-Cross-Defendant-Appellee.

Anthony J. Carfizzi, Jr., pro se, Vails Gate, New APPEARING FOR APPELLANT:

York Stephen Joseph Gaba, ESQ., Of Counsel, Richard F.

APPEARING FOR APPELLEES:

Liberth, ESQ., Drake, Sommers, Loeb, Tarshis &

Catania, P.C., Newburgh, New York, for Town of New Windsor and Town of New Windsor Police Department Marsha Solomon Weiss, ESQ., Kerr & Weiss, ESQS., New Paltz, New York, for Town of Cornwall and Town of Cornwall Police Department Appeal from the United States District Court for the Southern District of New York (Charles L.

Brieant, Judge).

UPON DUE CONSIDERATION, IT IS HEREBY ORDERED, ADJUDGED AND DECREED that the judgment of the District Court is AFFIRMED.

Anthony J. Carfizzi, pro se, fee paid, appeals from a judgment granting the appellees'

motions for summary judgment.

This Court reviews orders granting summary judgment de novo and focuses on whether the district court properly concluded that there was no genuine issue as to any material fact and the moving party was entitled to judgment as a matter of law. See Allstate Ins. Co. v. Mazzola, 175 F.3d 255, 258 (2d Cir. 1999); Cronin v. Aetna Life Ins. Co., 46 F.3d 196, 202-03 (2d Cir. 1995).

A thorough review of the record and the relevant case law indicates that the district court properly granted summary judgment to the appellees because no material issue of fact existed and the appellees were entitled to judgment as a matter of law.

To the extent that Carfizzi's brief on appeal raises issues not raised by his filings in the district court, we decline to exercise our discretion to hear those arguments, and deem them to have been waived. See Singleton v. Wulff, 428 U.S. 106, 120-121 (1976).

We have considered all of the other claims.

For the foregoing reasons, the judgment of the district court is AFFIRMED.

FOR THE COURT:

Roseann B. MacKechnie, Clerk By: