
    In the Matter of Charles Floyd, Appellant, v Walter R. Kelly, as Superintendent of Attica Correctional Facility, Respondent.
   Judgment unanimously affirmed. Memorandum: 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.  