Matter of Gomez v Kelly, 12 NY3d 883 (2009)

2009 NY Slip Op 05201 [12 NY3d 883]
June 24, 2009
Court of Appeals

[*1]

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.

{**12 NY3d at 884} 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.