Giraldez v. Bratton

Appellate Division of the Supreme Court of New York

Giraldez v. Bratton

215 A.D.2d 210, 626 N.Y.S.2d 484, 1995 N.Y. App. Div. LEXIS 4991

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

DecidedMay 11, 1995

StatusPublished

Cited by2 cases

This text of 215 A.D.2d 210 (Giraldez v. Bratton) 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

Giraldez v. Bratton, 215 A.D.2d 210, 626 N.Y.S.2d 484, 1995 N.Y. App. Div. LEXIS 4991 (N.Y. Ct. App. 1995).

Pincite

Opinion

Judgment, Supreme Court, New York County (Elliott Wilk, J.), entered on or about November 9, 1994, dismissing the CPLR article 78 petition challenging respondent’s determination to deny petitioner a member-of-service (MOS) license after he retired from the New York City Police Department, unanimously affirmed, without costs.

Respondent’s determination denying petitioner a MOS license upon his retirement from the New York City Police Department was not arbitrary and capricious since under departmental policy it is respondent’s practice to deny such applications if the applicant retired without firearms privi[211]*211leges (see, Matter of Laier v McGuire, 111 AD2d 43). Since possession of a pistol license is a privilege and not a right (Sewell v City of New York, 182 AD2d 469, 472, Iv denied 80 NY2d 756), and the determination has a rational basis, the application was properly dismissed. We note it was petitioner’s own action instigating his immediate retirement which prevented a hearing upon the charges underlying respondent’s withdrawal of petitioner’s firearm privileges while he was a member of the Police Department. Concur—Sullivan, J. P., Rosenberger, Wallach, Kupferman and Asch, JJ.

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

Judgment, Supreme Court, New York County (Elliott Wilk, J.), entered on or about November 9, 1994, dismissing the CPLR article 78 petition challenging respondent’s determination to deny petitioner a member-of-service (MOS) license after he retired from the New York City Police Department, unanimously affirmed, without costs.

Respondent’s determination denying petitioner a MOS license upon his retirement from the New York City Police Department was not arbitrary and capricious since under departmental policy it is respondent’s practice to deny such applications if the applicant retired without firearms privi[211]*211leges (see, Matter of Laier v McGuire, 111 AD2d 43). Since possession of a pistol license is a privilege and not a right (Sewell v City of New York, 182 AD2d 469, 472, Iv denied 80 NY2d 756), and the determination has a rational basis, the application was properly dismissed. We note it was petitioner’s own action instigating his immediate retirement which prevented a hearing upon the charges underlying respondent’s withdrawal of petitioner’s firearm privileges while he was a member of the Police Department. Concur—Sullivan, J. P., Rosenberger, Wallach, Kupferman and Asch, JJ.

Cite This Page — Counsel Stack

Bluebook (online)

215 A.D.2d 210, 626 N.Y.S.2d 484, 1995 N.Y. App. Div. LEXIS 4991, Counsel Stack Legal Research, https://law.counselstack.com/opinion/giraldez-v-bratton-nyappdiv-1995.

Opinion

Related

Cite This Page — Counsel Stack