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Gomez v. Kelly

June 24, 2009

IN THE MATTER OF MANUEL GOMEZ, RESPONDENT,
v.
RAYMOND W. KELLY, &C., ET AL., APPELLANTS.



This memorandum is uncorrected and subject to revision before publication in the New York Reports.

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.

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