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MATTER OF SIMEONE v. JACKSON

256 A.D.2d 348 (1998)

681 N.Y.S.2d 758

In the Matter of SALVATORE SIMEONE, Petitioner, v. RICHARD E. JACKSON, JR., Respondent.

Appellate Division of the Supreme Court of the State of New York, Second Department.

Decided December 7, 1998.

Adjudged that the petition is granted to the extent that the penalty is vacated, and the matter is remitted to the New York State Commissioner of Motor Vehicles for the imposition of a new penalty which shall not exceed a license suspension for a period of 60 days.

Under the circumstances of this case the 180-day suspension of his driver's license is shocking to one's sense of fairness (see, Matter of Pell v Board of Educ., 34 N.Y.2d 222

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