Opinion
No. 175 SSM 19.
Decided June 24, 2009.
APPEAL, by permission of the Court of Appeals, from an order of the Appellate Division of the Supreme Court in the First Judicial Department, entered October 2, 2008 in a proceeding pursuant to CPLR article 78 (transferred to the Appellate Division by order of the Supreme Court, entered in New York County). The Appellate Division order, insofar as appealed from, unanimously modified, on the law, a determination of respondent Police Commissioner finding petitioner guilty of five departmental charges of misconduct and imposing a one-year dismissal probation and 30-day vacation forfeiture. The modification consisted of vacating the penalty and remitting the matter to respondent for the imposition of an appropriate lesser penalty.
Matter of Gomez v Kelly, 55 AD3d 305, reversed.
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.
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).
Concur: Judges CIPARICK, GRAFFEO, READ, SMITH, PIGOTT and JONES. Taking no part: Chief Judge LIPPMAN.