Legal Opinion

Floyd v. Kelly

Appellate Division of the Supreme Court of the State of New York

Decided October 6, 1989Published

1Opinion of the Court

Judgment unanimously affirmed. Memorandum: *920Petitioner’s claim that the penalty imposed was excessive, raised for the first time on appeal, is not properly before this court (see, Matter of Bones v Kelly, 122 AD2d 593; Matter of Gaines v Kelly, 117 AD2d 1002). (Appeal from judgment of Supreme Court, Wyoming County, Dadd, J. — art 78.) Present —Dillon, P. J., Callahan, Boomer, Lawton and Davis, JJ.

2Cases cited2 opinions

  1. Bones v. KellyAppellate Division of the Supreme Court of the State of New York · 1986
  2. Gaines v. KellyAppellate Division of the Supreme Court of the State of New York · 1986