Opinion
October 6, 1989
Appeal from the Supreme Court, Wyoming County, Dadd, J.
Present — Dillon, P.J., Callahan, Boomer, Lawton and Davis, JJ.
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 A.D.2d 593; Matter of Gaines v Kelly, 117 A.D.2d 1002).