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In the Matter of Charles Floyd v. Walter R. Kelly, as Superintendent of Attica Correctional Facility
Judgment unanimously affirmed. Memorandum:
[920] Petitioner’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.