discussed Cited "see" Caidor v. Onondaga County See 8 Bogle-Assegai v. Connecticut, 470 F.3d 498, 504 (2d Cir. 9 2006) (“‘[I]t is a well-established general rule that an 10 appellate court will not consider an issue raised for the 11 first time on appeal.’”) (quoting Greene v. United States, 12 13 F.3d 577, 586 (2d Cir. 1994) (alteration in original)). 13 “However, because the rule is prudential, not 14 jurisdictional, we have discretion to consider waived 15 arguments.” Sniado v. Bank Austria AG, 378 F.3d 210 , 213 16 (2d Cir. 2004) (citation omitted), vacated on other grounds, 17 542 U.S. 917 , 124 S. Ct. 2870 (2004).