Hoskins v. Kelly

Appellate Division of the Supreme Court of New York

Hoskins v. Kelly

50 A.D.3d 457, 855 N.Y.S.2d 143

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

DecidedApril 15, 2008

StatusPublished

This text of 50 A.D.3d 457 (Hoskins v. Kelly) 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

Hoskins v. Kelly, 50 A.D.3d 457, 855 N.Y.S.2d 143 (N.Y. Ct. App. 2008).

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Opinion

Judgment, Supreme Court, New York County (Kibbie F. Payne, J.), entered January 31, 2007, which denied the petition seeking to annul respondents’ determination denying petitioner’s application for a retired police officer pistol license and dismissed the proceeding, unanimously affirmed, without costs.

In light of petitioner’s history of domestic violence, including an arrest and the issuance of orders of protection against him, as well as his failure to safeguard his firearm, which was in his car when the car was stolen, respondents’ determination denying his application for a retired police officer pistol license was not arbitrary and capricious (see Matter of Wong v Kelly, 12 AD3d 213 [2004], lv denied 4 NY3d 708 [2005]). Indeed, the Nassau County Police Department repeatedly suspended petitioner’s previous handgun license as a result of these incidents.

We have considered petitioner’s remaining contentions and find them unavailing. Concur—Mazzarelli, J.E, Andrias, Friedman and Sweeny, JJ.

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Judgment, Supreme Court, New York County (Kibbie F. Payne, J.), entered January 31, 2007, which denied the petition seeking to annul respondents’ determination denying petitioner’s application for a retired police officer pistol license and dismissed the proceeding, unanimously affirmed, without costs.

In light of petitioner’s history of domestic violence, including an arrest and the issuance of orders of protection against him, as well as his failure to safeguard his firearm, which was in his car when the car was stolen, respondents’ determination denying his application for a retired police officer pistol license was not arbitrary and capricious (see Matter of Wong v Kelly, 12 AD3d 213 [2004], lv denied 4 NY3d 708 [2005]). Indeed, the Nassau County Police Department repeatedly suspended petitioner’s previous handgun license as a result of these incidents.

We have considered petitioner’s remaining contentions and find them unavailing. Concur—Mazzarelli, J.E, Andrias, Friedman and Sweeny, JJ.

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Bluebook (online)

50 A.D.3d 457, 855 N.Y.S.2d 143, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hoskins-v-kelly-nyappdiv-2008.