IN THE MATTER OF KENNEDY v. BENNETT


26 A.D.3d 334 (2006)

812 N.Y.S.2d 549

In the Matter of BRIAN M. KENNEDY, Petitioner, v. WAYNE E. BENNETT, Respondent.

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

February 7, 2006.


Adjudged that the petition is granted, on the law, without costs or disbursements, to the extent that the penalty is vacated, the petition is otherwise denied, the determination is otherwise confirmed, and the proceeding is otherwise dismissed on the merits, and the matter is remitted to the respondent for the imposition of a new penalty less severe than a dismissal.

The Hearing Officer's finding of guilt as to two charges is supported by substantial evidence (

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