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Gomez v. Kelly

Citations: 12 N.Y.3d 883; 913 N.E.2d 409

Court: New York Court of Appeals; June 24, 2009; New York; State Supreme Court

Narrative Opinion Summary

The court reversed the order being appealed, dismissed the petition entirely, and granted costs to the prevailing party. The court found that the penalty imposed by the Commissioner did not "shock the judicial conscience," referencing the precedent set in *Matter of Kelly v Safir*. The decision was concurred by Judges Ciparick, Graffeo, Read, Smith, Pigott, and Jones, while Chief Judge Lippman did not participate in the deliberation.

Legal Issues Addressed

Appeal and Costs

Application: The court reversed the previous order, dismissed the petition, and awarded costs to the party that prevailed in the appeal.

Reasoning: The court reversed the order being appealed, dismissed the petition entirely, and granted costs to the prevailing party.

Judicial Review of Administrative Penalties

Application: The court assessed whether the penalty imposed by the Commissioner was excessive or unreasonable, ultimately determining that it was not.

Reasoning: The court found that the penalty imposed by the Commissioner did not 'shock the judicial conscience,' referencing the precedent set in Matter of Kelly v Safir.