Burke v. Colabella

Appellate Division of the Supreme Court of New York

Burke v. Colabella

113 A.D.2d 794, 493 N.Y.S.2d 429, 1985 N.Y. App. Div. LEXIS 52457

CourtAppellate Division of the Supreme Court of the State of New York

DecidedSeptember 9, 1985

StatusPublished

Cited by15 cases

This text of 113 A.D.2d 794 (Burke v. Colabella) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Burke v. Colabella, 113 A.D.2d 794, 493 N.Y.S.2d 429, 1985 N.Y. App. Div. LEXIS 52457 (N.Y. Ct. App. 1985).

Pincite

Opinion

Proceeding pursuant to CPLR article 78 to review a determination of the County Court, West-[795]*795Chester County (Colabella, J.), dated June 17, 1983, which revoked petitioner’s pistol permit and amended pistol permit.

Determination annulled, on the law, without costs or disbursements, and matter remitted to the County Court, Westchester County, for a hearing de novo.

While a formal adversarial hearing is not required before a pistol license is revoked, the licensee must be given notice of the charges and evidence against him, and be given an opportunity to appear with his lawyer to rebut the charges (Matter of St.-Oharra v Colucci, 67 AD2d 1104). In the instant case, there is no way of knowing whether such requirements were complied with because the file from the County Court has been misplaced. Therefore, a new hearing is required. Brown, J. P., Niehoff, Rubin and Lawrence, JJ., concur.

Free access — add to your briefcase to read the full text and ask questions with AI

Proceeding pursuant to CPLR article 78 to review a determination of the County Court, West-[795]*795Chester County (Colabella, J.), dated June 17, 1983, which revoked petitioner’s pistol permit and amended pistol permit.

Determination annulled, on the law, without costs or disbursements, and matter remitted to the County Court, Westchester County, for a hearing de novo.

While a formal adversarial hearing is not required before a pistol license is revoked, the licensee must be given notice of the charges and evidence against him, and be given an opportunity to appear with his lawyer to rebut the charges (Matter of St.-Oharra v Colucci, 67 AD2d 1104). In the instant case, there is no way of knowing whether such requirements were complied with because the file from the County Court has been misplaced. Therefore, a new hearing is required. Brown, J. P., Niehoff, Rubin and Lawrence, JJ., concur.

Cite This Page — Counsel Stack

Bluebook (online)

113 A.D.2d 794, 493 N.Y.S.2d 429, 1985 N.Y. App. Div. LEXIS 52457, Counsel Stack Legal Research, https://law.counselstack.com/opinion/burke-v-colabella-nyappdiv-1985.

Opinion

Related

Cite This Page — Counsel Stack