Fromson v. Nelson
| Decision Date | 09 December 1991 |
| Citation | 577 N.Y.S.2d 417,178 A.D.2d 479 |
| Parties | In the Matter of Dave FROMSON, Petitioner, v. William NELSON, etc., Respondent. |
| Court | New York Supreme Court — Appellate Division |
David Fromson, pro se.
Robert Abrams, Atty. Gen., New York City(Lisa M. Evans, of counsel), for respondent.
Before MANGANO, P.J., and THOMPSON, BRACKEN, KUNZEMAN and HARWOOD, JJ.
MEMORANDUM BY THE COURT.
Proceeding pursuant to CPLR article 78 to review a determination of the respondent, dated July 10, 1991, which denied the petitioner's application for reinstatement of his pistol permit, which was suspended on February 16, 1988.
ADJUDGED that the determination is confirmed, and the proceeding is dismissed on the merits, with costs.
As one of Rockland County's pistol licensing officers, the respondent has broad discretion in ruling on permit applications, which he may deny for any good cause (Penal Law § 400.00[1];Matter of Anderson v. Mogavero, 116 A.D.2d 885, 498 N.Y.S.2d 201).In the instant casethe petitioner's license was initially suspended because of criminal charges filed against him by his wife, which were later dropped.At the time of the hearing on the petitioner's application for reinstatement, it appears that the parties were still embroiled in what the respondent termed an...
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24 cases
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Simon v. Hannigan
...State Atty. Gen. by Douglas Cream, Albany, Peter Sullivan, of counsel, Buffalo, for respondent. MEMORANDUM: "A licensing officer has broad discretion in determining whether to grant, deny or revoke a pistol license (
Matter of Fromson v. Nelson, 178 A.D.2d 479, ; Matter of Anderson v. Mogavero, 116 A.D.2d 885 * * * The determination of the licensing officer will not be disturbed unless it is arbitrary and capricious (Matter of King v. Ingraham, 113 A.D.2d 977, ; Matter of Davis v.... -
Eddy v. Kirk
...of the issue raised by the petition rests upon the construction to be accorded that statutory language. A licensing officer has broad discretion in determining whether to grant, deny or revoke a pistol license (
Matter of Fromson v. Nelson, 178 A.D.2d 479, 577 N.Y.S.2d 417; Matter of Anderson v. Mogavero, 116 A.D.2d 885, 498 N.Y.S.2d 201) and whether "proper cause" exists for the issuance of a pistol license under Penal Law § 400.00(2)(f) (Matter of O'Connor, 154 Misc.2d 694, 585 N.Y.S.2d... -
Aron v. Becker
...400.00(1)-(4). The investigating authority reports its results to the licensing officer. Id.A licensing officer ... has broad discretion to grant or deny a permit under Penal Law § 400.00(1) (see
Matter of Fromson v. Nelson, 178 A.D.2d 479, 479, 577 N.Y.S.2d 417; Matter of Covell v. Aison, 153 A.D.2d 1001, 1002, 545 N.Y.S.2d 622, lv. denied 74 N.Y.2d 615, 549 N.Y.S.2d 960, 549 N.E.2d 151 ; Matter of Anderson v. Mogavero, 116 A.D.2d 885, 885, 498 N.Y.S.2d 201 ). Under section(citing N.Y. Penal Law § 400.00(1)(g) ; Bando v. Sullivan, 290 A.D.2d 691, 691–92, 735 N.Y.S.2d 660 (3d Dep't 2002) ; Vale v. Eidens, 290 A.D.2d 612, 613, 735 N.Y.S.2d 650 (3d Dep't 2002) ; Fromson v. Nelson, 178 A.D.2d 479, 479, 577 N.Y.S.2d 417 (2d Dep't 1991)). An aggrieved pistol permit applicant has well-established appellate recourse under N.Y. CPLR Article 78. See, e.g., Parker, 990 N.Y.S.2d at 402 ; see also Kachalsky v. Cacace, et al., 817... -
Matter of Papineau v. Martusewicz
...the contention of petitioner, the determination is not arbitrary and capricious. A licensing officer has broad discretion in determining whether to grant or deny a permit under Penal Law § 400.00 (1) (see
Matter of Fromson v Nelson, 178 AD2d 479 [1991]; Matter of Covell v Aison, 153 AD2d 1001 [1989], lv denied 74 NY2d 615 [1989]). The failure of petitioner to report on his application two prior arrests provided a sufficient basis to deny the application (see Matter...
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