In re Shuler

Appellate Division of the Supreme Court of New York

In re Shuler

67 A.D.3d 1020, 888 N.Y.S.2d 767

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

DecidedNovember 24, 2009

StatusPublished

Cited by4 cases

This text of 67 A.D.3d 1020 (In re Shuler) 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

In re Shuler, 67 A.D.3d 1020, 888 N.Y.S.2d 767 (N.Y. Ct. App. 2009).

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Opinion

In a proceeding to revoke a pistol license, Charles E. Shuler appeals from an order of the County Court, Westchester County (Hubert, J.), entered September 9, 2008, which, after a hearing, granted the administrative application of the Westchester County Attorney to revoke his pistol license.

Ordered that the appeal is dismissed, with costs.

The appropriate procedure for the review of a determination of a County Court Judge, acting in his or her administrative capacity as the firearms licensing officer for the County of Westchester under Penal Law § 400.00 (11) and § 265.00 (10), is not a direct appeal, but the commencement of a CPLR article 78 proceeding in this Court (see CPLR 7801, 506 [b] [1]; Matter of Panaro [County of Westchester], 250 AD2d 616 [1998]; Matter of County of Westchester v D’Ambrosio, 244 AD2d 334 [1997]). The instant appeal cannot be converted into an original proceeding commenced in this Court since the County Court Judge who made the determination is a necessary party and was not named or served (see Matter of Panaro [County of Westchester], 250 AD2d at 616; Matter of Greenspan v O’Rourke, 27 NY2d 846 [1970]). Therefore, the appeal must be dismissed (see Matter of County of Westchester v D’Ambrosio, 244 AD2d at 335). Skelos, J.P., Eng, Austin and Roman, JJ., concur.

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In a proceeding to revoke a pistol license, Charles E. Shuler appeals from an order of the County Court, Westchester County (Hubert, J.), entered September 9, 2008, which, after a hearing, granted the administrative application of the Westchester County Attorney to revoke his pistol license.

Ordered that the appeal is dismissed, with costs.

The appropriate procedure for the review of a determination of a County Court Judge, acting in his or her administrative capacity as the firearms licensing officer for the County of Westchester under Penal Law § 400.00 (11) and § 265.00 (10), is not a direct appeal, but the commencement of a CPLR article 78 proceeding in this Court (see CPLR 7801, 506 [b] [1]; Matter of Panaro [County of Westchester], 250 AD2d 616 [1998]; Matter of County of Westchester v D’Ambrosio, 244 AD2d 334 [1997]). The instant appeal cannot be converted into an original proceeding commenced in this Court since the County Court Judge who made the determination is a necessary party and was not named or served (see Matter of Panaro [County of Westchester], 250 AD2d at 616; Matter of Greenspan v O’Rourke, 27 NY2d 846 [1970]). Therefore, the appeal must be dismissed (see Matter of County of Westchester v D’Ambrosio, 244 AD2d at 335). Skelos, J.P., Eng, Austin and Roman, JJ., concur.

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Bluebook (online)

67 A.D.3d 1020, 888 N.Y.S.2d 767, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-shuler-nyappdiv-2009.

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