New York Court of Appeals, 2009

Gomez v. Kelly

Gomez v. Kelly
New York Court of Appeals · Decided June 24, 2009
12 N.Y.3d 883; 913 N.E.2d 409
Gomez v. Kelly

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Opinion of the Court

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.

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