Lukovic v. Cahill

Appellate Division of the Supreme Court of New York

Lukovic v. Cahill

130 A.D.2d 751, 516 N.Y.S.2d 46, 1987 N.Y. App. Div. LEXIS 46764

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

DecidedMay 26, 1987

StatusPublished

Cited by2 cases

This text of 130 A.D.2d 751 (Lukovic v. Cahill) 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.

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Lukovic v. Cahill, 130 A.D.2d 751, 516 N.Y.S.2d 46, 1987 N.Y. App. Div. LEXIS 46764 (N.Y. Ct. App. 1987).

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Opinion

Consolidated proceed[752]*752ings pursuant to CPLR article 78 to review two determinations of the respondents, both dated August 7, 1985, denying the petitioners’ respective applications for pistol licenses.

Adjudged that the petitions are granted to the extent that the determinations are annulled, without costs or disbursements, and the matters are remitted to the respondents for further proceedings in accordance herewith.

The petitioners’ pistol licenses were revoked in 1982. Their applications for new licenses in 1985 were denied based upon the 1982 findings. It is well established, however, that before an application may be denied, the petitioner must be afforded an opportunity to respond to the reasons proffered for denying the application (see, Matter of Savitch v Lange, 114 AD2d 372). As this was not done, the matters must be remitted to the respondents for new determinations. Thompson, J. P., Niehoff, Kunzeman and Harwood, JJ., concur.

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Consolidated proceed[752]*752ings pursuant to CPLR article 78 to review two determinations of the respondents, both dated August 7, 1985, denying the petitioners’ respective applications for pistol licenses.

Adjudged that the petitions are granted to the extent that the determinations are annulled, without costs or disbursements, and the matters are remitted to the respondents for further proceedings in accordance herewith.

The petitioners’ pistol licenses were revoked in 1982. Their applications for new licenses in 1985 were denied based upon the 1982 findings. It is well established, however, that before an application may be denied, the petitioner must be afforded an opportunity to respond to the reasons proffered for denying the application (see, Matter of Savitch v Lange, 114 AD2d 372). As this was not done, the matters must be remitted to the respondents for new determinations. Thompson, J. P., Niehoff, Kunzeman and Harwood, JJ., concur.

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Bluebook (online)

130 A.D.2d 751, 516 N.Y.S.2d 46, 1987 N.Y. App. Div. LEXIS 46764, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lukovic-v-cahill-nyappdiv-1987.

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