Bernstein v. Police Dept. of City of New York

• Decision Date: 22 December 1981
• Citation: Bernstein v. Police Dept. of City of New York, 445 N.Y.S.2d 716, 85 A.D.2d 574 (N.Y. App. Div. 1981)
• Parties: In re Application of Jeff BERNSTEIN, Petitioner-Respondent, For a Judgment etc., v. POLICE DEPARTMENT OF the CITY OF NEW YORK et al., Respondents-Appellants.
• Court: New York Supreme Court — Appellate Division

Page 716

445 N.Y.S.2d 716

85 A.D.2d 574

In re Application of Jeff BERNSTEIN, Petitioner-Respondent For a Judgment etc., v. POLICE DEPARTMENT OF the CITY OF NEW YORK et al Respondents-Appellants.

Supreme Court, Appellate Division First Department.

Dec. 22, 1981.

Bernstein, pro se.

J. E. Handler, New York City, for respondent-appellant.

Before SULLIVAN, J. P., and ROSS, MARKEWICH, LUPIANO and SILVERMAN, JJ.

MEMORANDUM DECISION.

Judgment, Supreme Court, Bronx County (Callahan, J.), entered December 2, 1980, which annulled respondent's determination denying petitioner's application for a license to carry a concealed pistol and directed the issuance of said license, unanimously reversed, on the law, without costs or disbursements, and the petition dismissed.

The burden of establishing "proper cause" for the issuance of a full-carry permit (see Penal Law § 400.00is on the applicant. (Hochreich v. Codd, 68 A.D.2d 424, 426, 417 N.Y.S.2d 498; Archibald v. Codd, 59 A.D.2d 867, 399 N.Y.S.2d 235.) The responsibility for determining whether an applicant has demonstrated proper cause is entrusted to the discretion of the licensing official (Hochreich v. Codd, supra) whose administrative determination should not be disturbed unless it is arbitrary or capricious (Matter of Sullivan Co. Harness Racing Assn. v. Glasser, 30 N.Y.2d 269, 332 N.Y.S.2d 622, 283 N.E.2d 603).

On this record it is clear that respondent's determination to deny, on the basis of insufficient need, petitioner's application for a permit to carry a concealed pistol on his person was...