In the Matter of Manuel Gomez v. Raymond W. Kelly
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================================================================= This memorandum is uncorrected and subject to revision before publication in the New York Reports. ----------------------------------------------------------------No. 175 SSM 19 In the Matter of Manuel Gomez, Respondent, v. Raymond W. Kelly, &c., et al., Appellants. Submitted by Scott Shorr, for appellants. Submitted by Howard B. Sterinbach, for respondent. * * * * * * * * * * * * * * * * * On review of submissions pursuant to section 500.11 of the Rules, 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]). Judges Ciparick, Graffeo, Read, Smith, Pigott and Jones concur. Chief Judge Lippman took no part. Decided June 24, 2009
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