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KELLY v. SAFIR

96 N.Y.2d 32 (2001)

747 N.E.2d 1280

724 N.Y.S.2d 680

In the Matter of TIMOTHY KELLY, Respondent, v. HOWARD SAFIR, as Police Commissioner of the City of New York, et al., Appellants. In the Matter of JUSTIN MEAGHER, Respondent, v. HOWARD SAFIR, as Police Commissioner of the City of New York, et al., Appellants.

Court of Appeals of the State of New York.

Decided March 22, 2001.

Attorney(s) appearing for the Case

Michael D. Hess, Corporation Counsel of New York City (Kathleen Alberton and Larry A. Sonnenshein of counsel), for appellants in the first above-entitled proceeding.

Norman A. Olch, New York City, and Cerrone & Geoghan (Peter J. Blessinger of counsel) for respondent in the first above-entitled proceeding.

Michael D. Hess, Corporation Counsel of New York City (Dona B. Morris, Francis F. Caputo and Elizabeth I. Freedman of counsel), for appellants in the second above-entitled proceeding.

Worth, Longworth, Bamundo & London, L. L. P., New York City (Howard B. Sterinbach of counsel), for respondent in the second above-entitled proceeding.

Chief Judge KAYE and Judges SMITH, LEVINE, CIPARICK, ROSENBLATT and GRAFFEO concur.

OPINION OF THE COURT

WESLEY, J.

These CPLR article 78 proceedings present the Court with the same issue: whether the Appellate Division erred in its application of the principles governing judicial review of administrative penalties as enunciated by this Court in Matter of Pell v Board of Educ. (34 N.Y.2d 222). We conclude that it did.

Matter of Kelly

Petitioner Timothy Kelly was dismissed...

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