Floyd v. Kelly

Appellate Division of the Supreme Court of New York

Floyd v. Kelly

154 A.D.2d 919, 546 N.Y.S.2d 985, 1989 N.Y. App. Div. LEXIS 12944

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

DecidedOctober 6, 1989

StatusPublished

This text of 154 A.D.2d 919 (Floyd v. Kelly) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Floyd v. Kelly, 154 A.D.2d 919, 546 N.Y.S.2d 985, 1989 N.Y. App. Div. LEXIS 12944 (N.Y. Ct. App. 1989).

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Opinion

Judgment unanimously affirmed. Memorandum: [920]*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.

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Judgment unanimously affirmed. Memorandum: [920]*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.

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Bluebook (online)

154 A.D.2d 919, 546 N.Y.S.2d 985, 1989 N.Y. App. Div. LEXIS 12944, Counsel Stack Legal Research, https://law.counselstack.com/opinion/floyd-v-kelly-nyappdiv-1989.

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