Hernandez v. Safir

Appellate Division of the Supreme Court of New York

Hernandez v. Safir

281 A.D.2d 164, 721 N.Y.S.2d 349, 2001 N.Y. App. Div. LEXIS 1948

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

DecidedMarch 1, 2001

StatusPublished

This text of 281 A.D.2d 164 (Hernandez 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

Hernandez v. Safir, 281 A.D.2d 164, 721 N.Y.S.2d 349, 2001 N.Y. App. Div. LEXIS 1948 (N.Y. Ct. App. 2001).

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Opinion

Judgment, Supreme Court, New York County (Emily Goodman, J.), entered December 29, 1999, which denied petitioner’s application to annul respondent Police Department’s determination denying petitioner a pistol license, and dismissed the petition, unanimously affirmed, without costs.

Respondent’s rejection of petitioner’s 1998 application for a license permitting him to carry a pistol, a condition of petitioner’s continued employment as a security officer at a private housing development, was rationally based on good cause (Penal Law § 400.00 [1] [g]), including two psychological evaluations of petitioner performed by respondent’s psychologists in 1987 and 1993 in connection with petitioner’s rejected job applications to become a police officer (see, Matter of Gutierrez v Safir, 280 AD2d 263). We reject petitioner’s argument that respondent’s reliance on such evaluations holds him to a higher standard than other pistol license applicants. Concur— Rosenberger, J. P., Andrias, Wallach, Rubin and Buckley, JJ.

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Judgment, Supreme Court, New York County (Emily Goodman, J.), entered December 29, 1999, which denied petitioner’s application to annul respondent Police Department’s determination denying petitioner a pistol license, and dismissed the petition, unanimously affirmed, without costs.

Respondent’s rejection of petitioner’s 1998 application for a license permitting him to carry a pistol, a condition of petitioner’s continued employment as a security officer at a private housing development, was rationally based on good cause (Penal Law § 400.00 [1] [g]), including two psychological evaluations of petitioner performed by respondent’s psychologists in 1987 and 1993 in connection with petitioner’s rejected job applications to become a police officer (see, Matter of Gutierrez v Safir, 280 AD2d 263). We reject petitioner’s argument that respondent’s reliance on such evaluations holds him to a higher standard than other pistol license applicants. Concur— Rosenberger, J. P., Andrias, Wallach, Rubin and Buckley, JJ.

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Bluebook (online)

281 A.D.2d 164, 721 N.Y.S.2d 349, 2001 N.Y. App. Div. LEXIS 1948, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hernandez-v-safir-nyappdiv-2001.

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