Majority
p. 883[913 NE2d 409, 885 NYS2d 23] In the Matter of Manuel Gomez, Respondent, v Raymond W. Kelly, as Police Commissioner of the State of New York, et al., Appellants. Decided June 24, 2009
p. 884
APPEARANCES OF COUNSEL
Michael A. Cardozo, Corporation Counsel, New York City (Scott Shorr of counsel), for appellants.
Worth, Longworth & London, LLP, New York City (Howard B. Sterinbach of counsel), for respondent.
OPINION OF THE COURT
On review of submissions pursuant to section 500.11 of the Rules of the Court of Appeals (22 NYCRR 500.11), order, insofar as appealed from, reversed, with costs, and petition dismissed in its entirety. We cannot say that “the penalty . . . imposed by the Commissioner shocks the judicial conscience” (Matter of Kelly v Safir, 96 NY2d 32 , 40 [2001]).
Concur: Judges Ciparick, Graffeo, Read, Smith, Pigott and Jones. Taking no part: Chief Judge Lippman.
Cases cited
- Kelly v. Safir 96 NY2d 32 at 40 p. 884