Matter of Arroyo v O’Neill, 35 NY3d at 1030 (2020)

2020 NY Slip Op 03566 [35 NY3d 1030]
June 25, 2020
Court of Appeals

[*1]

In the Matter of Richard Arroyo, Respondent,
v
James P. O’Neill, as Police Commissioner of the City of New York, et al., Appellants.

Decided June 25, 2020

Matter of Arroyo v O’Neill, 175 AD3d 1150, reversed.

{**35 NY3d at 1030} 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 reversed, with costs, petition dismissed in its entirety, and certified question answered in the negative. Under the circumstances of this case, the penalty imposed does not shock one’s sense of fairness (see Matter of Kelly v Safir, 96 NY2d 32, 40 [2001]; Matter of Pell v Board of Educ. of Union Free School Dist. No. 1 of Towns of Scarsdale & Mamaroneck, Westchester County, 34 NY2d 222, 233 [1974]).

Concur: Chief Judge DiFiore and Judges Rivera, Stein, Fahey, Garcia, Wilson and Feinman.