MATTER OF PADILLA v. KELLY


41 A.D.3d 271 (2007)

836 N.Y.S.2d 876

In the Matter of BERNALDINO PADILLA, Petitioner, v. RAYMOND W. KELLY, as Police Commissioner of the City of New York, et al., Respondents.

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

Decided June 21, 2007.


Substantial evidence supports the finding that petitioner failed to comply with a lawful order of a superior officer. The penalty imposed does not shock the conscience (see Matter of Rodriguez-Rivera v Kelly, 2 N.Y.3d 776

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