Fauntleroy v. Safir

Appellate Division of the Supreme Court of New York

Fauntleroy v. Safir

283 A.D.2d 211, 724 N.Y.S.2d 307, 2001 N.Y. App. Div. LEXIS 4825

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

DecidedMay 8, 2001

StatusPublished

Cited by1 cases

This text of 283 A.D.2d 211 (Fauntleroy v. Safir) 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

Fauntleroy v. Safir, 283 A.D.2d 211, 724 N.Y.S.2d 307, 2001 N.Y. App. Div. LEXIS 4825 (N.Y. Ct. App. 2001).

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Opinion

—Judgment, Supreme Court, New York County (Walter Tolub, J.), entered January 24, 2000, which denied petitioner’s application to annul respondent Police Commissioner’s denial of petitioner’s application for a premises pistol license with target endorsement, and dismissed the petition, unanimously affirmed, without costs.

It was not arbitrary and capricious for respondent to rely on his prior, judicially unchallenged determination, made after a hearing, revoking petitioner’s previous pistol license less than two years before. The prior determination provides a rational basis for finding that good cause exists to deny petitioner a license (see, Sewell v City of New York, 182 AD2d 469, 473). Concur — Rosenberger, J. P., Nardelli, Tom, Andrias and Ellerin, JJ.

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—Judgment, Supreme Court, New York County (Walter Tolub, J.), entered January 24, 2000, which denied petitioner’s application to annul respondent Police Commissioner’s denial of petitioner’s application for a premises pistol license with target endorsement, and dismissed the petition, unanimously affirmed, without costs.

It was not arbitrary and capricious for respondent to rely on his prior, judicially unchallenged determination, made after a hearing, revoking petitioner’s previous pistol license less than two years before. The prior determination provides a rational basis for finding that good cause exists to deny petitioner a license (see, Sewell v City of New York, 182 AD2d 469, 473). Concur — Rosenberger, J. P., Nardelli, Tom, Andrias and Ellerin, JJ.

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Bluebook (online)

283 A.D.2d 211, 724 N.Y.S.2d 307, 2001 N.Y. App. Div. LEXIS 4825, Counsel Stack Legal Research, https://law.counselstack.com/opinion/fauntleroy-v-safir-nyappdiv-2001.

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