| Matter of Gomez v Kelly |
| 2009 NY Slip Op 05201 [12 NY3d 883] |
| June 24, 2009 |
| Court of Appeals |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| As corrected through Wednesday, August 26, 2009 |
| 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
Matter of Gomez v Kelly, 55 AD3d 305, reversed.
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.
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.