Hunt v. Rubin
| Decision Date | 24 May 1976 |
| Citation | 383 N.Y.S.2d 632,52 A.D.2d 955 |
| Parties | In the Matter of William T. HUNT, Petitioner, v. Isaac RUBIN, as County Judge of Westchester County, et al., Respondents. |
| Court | New York Supreme Court — Appellate Division |
Nicholas Moccio, Mount Vernon (Robert F. Bowling, Mount Vernon, of counsel), for petitioner.
Gerald Harris, County Atty., White Plains (Steven R. Kartagener, New York City, of counsel), for respondent Rubin.
Arthur H. Ellis, Corp. Counsel, Mount Vernon (Paul S. Richmond, New Rochelle, of counsel), for respondent Matthews.
Before GULOTTA, P.J., and MARTUSCELLO, LATHAM, COHALAN and SHAPIRO, JJ.
MEMORANDUM BY THE COURT.
Proceeding pursuant to CPLR article 78(1) to review a determination of the respondent County Judge which denied petitioner's application for a pistol license and (2) to compel the said respondent to issue a pistol license.
Determination confirmed and petition dismissed on the merits, without costs or disbursements.
It was properly within the discretion of the respondent County Judge to determine that the amount of money to be carried by petitioner does not warrant the possession of a pistol for protection. The denial of the application for a pistol license was neither arbitrary nor capricious.
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