Klenosky v. New York City Police Dept.

• Decision Date: 29 May 1980
• Citation: Klenosky v. New York City Police Dept., 428 N.Y.S.2d 256, 75 A.D.2d 793 (N.Y. App. Div. 1980)
• Parties: In re Rudolph M. KLENOSKY, Petitioner-Respondent, v. The NEW YORK CITY POLICE DEPARTMENT et al., etc., Respondents-Appellants.
• Court: New York Supreme Court — Appellate Division

Page 256

428 N.Y.S.2d 256

75 A.D.2d 793

In re Rudolph M. KLENOSKY, Petitioner-Respondent, v.The NEW YORK CITY POLICE DEPARTMENT et al., etc Respondents-Appellants.

Supreme Court, Appellate Division, First Department.

May 29, 1980.

Rudolph M. Klenosky, pro se.

J. E. Handler, New York City, for respondents-appellants.

Before FEIN, J. P., and SULLIVAN, LUPIANO, BLOOM and CARRO, JJ.

MEMORANDUM DECISION.

Judgment, Supreme Court, New York County, entered July 25, 1979, which granted petition and directed respondents to issue a pistol carrying permit to petitioner, unanimously reversed, on the law, the application denied and the petition dismissed, without costs and disbursements.

On this record it is clear that the administrative determination denying petitioner's application for a pistol carrying permit (as distinct from an on-premises license) on the basis of failure to demonstrate "proper cause . . . for the issuance thereof" is supported by substantial evidence and is not arbitrary or capricious.Petitioner, a fifty-two year old attorney engaged in matrimonial and criminal law practice, did not sufficiently demonstrate a special need for...