MATTER OF MARTINEK v. Kerik
| Citation | 294 A.D.2d 221,743 N.Y.S.2d 80 |
| Parties | In the Matter of KENNETH MARTINEK, Appellant,<BR>v.<BR>BERNARD KERIK, as Police Commissioner of the City of New York, Respondent. |
| Decision Date | 21 May 2002 |
| Court | New York Supreme Court Appellate Division |
The denial of the application was not arbitrary and capricious. The fear felt by petitioner, a bank president, as a result of having to travel to and from high crime areas for the purpose of inspecting buildings and between bank branches for the purpose of transporting large sums of cash is too vague to constitute "proper cause" within the meaning of Penal Law § 400.00 (2) (f), absent documentation substantiating the cash carried or a showing of particular threats, attacks or other extraordinary danger to personal safety (see, Matter of Williams v Bratton, 238 AD2d 269; Matter of Kaplan v Bratton, 249 AD2d 199, 201).
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15 cases
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Kachalsky v. Cnty. of Westchester
...see also In re O'Connor, 585 N.Y.S.2d at 1003. Nor is living or being employed in a “high crime area [ ].” Martinek v. Kerik, 294 A.D.2d 221, 221–22, 743 N.Y.S.2d 80 (1st Dep't 2002); see also Theurer v. Safir, 254 A.D.2d 89, 90, 680 N.Y.S.2d 87 (1st Dep't 1998); Sable v. McGuire, 92 A.D.2d......
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N.Y. State Rifle & Pistol Ass'n v. Bruen
... ... other extraordinary danger to personal safety." In ... re Martinek, 294 A.D.2d 221, 222, 743 N.Y.S.2d 80, 81 ... (2002); see also In re Kaplan, 249 A.D.2d ... al. as Amid Curiae; Brief for Black Guns Matter et ... al. as Amid Curiae; Brief for Independent ... Women's Law Center as Amicus ... ...
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N.Y.S. Rifle & Pistol Ass'n, Inc. v. Bruen
...generally require evidence "of particular threats, attacks or other extraordinary danger to personal safety." In re Martinek , 294 App.Div.2d 221, 222, 743 N.Y.S.2d 80, 81 (2002) ; see also In re Kaplan , 249 App.Div.2d 199, 201, 673 N.Y.S.2d 66, 68 (1998) (approving the New York City Polic......
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Kachalsky v. Cnty. of Westchester
...1943); see also In re O'Connor, 585 N.Y.S.2d at 1003. Nor is living or being employed in a "high crime area[]." Martinek v. Kerik, 294 A.D.2d 221, 221-22 (1st Dep't 2002); see also Theurer v. Safir, 254 A.D.2d 89, 90 (1st Dep't 1998); Sable v. McGuire, 92 A.D.2d 805, 805 (1st Dep't 1983). T......
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