Miles v. Police Department

Appellate Division of the Supreme Court of New York

Miles v. Police Department

50 A.D.2d 526, 375 N.Y.S.2d 114, 1975 N.Y. App. Div. LEXIS 12222

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

DecidedNovember 6, 1975

StatusPublished

This text of 50 A.D.2d 526 (Miles v. Police Department) 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

Miles v. Police Department, 50 A.D.2d 526, 375 N.Y.S.2d 114, 1975 N.Y. App. Div. LEXIS 12222 (N.Y. Ct. App. 1975).

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Opinion

— Judgment (denominated as an order), Supreme Court, New York County, entered June 25, 1974, dismissing the petition, unanimously affirmed. Respondent shall recover of the appellant $60 costs and disbursements of this appeal. There is sufficient in the record justifying respondent’s denial of petitioner’s application to reinstate his pistol license. As stated by Special Term: "Upon a review of the transcript of the specified hearing, the Court finds the respondent’s denial of petitioner’s application for a renewal of his pistol license was neither arbitrary nor capricious, nor an abuse of discretion. The curious and suspicious behavior of the petitioner, in conjunction with the unusual circumstances surrounding his arrest, constitutes an adequate foundation for the respondent’s determination”. Concur — Markewich, J. P., Kupferman, Murphy, Tilzer and Capozzoli, JJ.

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— Judgment (denominated as an order), Supreme Court, New York County, entered June 25, 1974, dismissing the petition, unanimously affirmed. Respondent shall recover of the appellant $60 costs and disbursements of this appeal. There is sufficient in the record justifying respondent’s denial of petitioner’s application to reinstate his pistol license. As stated by Special Term: "Upon a review of the transcript of the specified hearing, the Court finds the respondent’s denial of petitioner’s application for a renewal of his pistol license was neither arbitrary nor capricious, nor an abuse of discretion. The curious and suspicious behavior of the petitioner, in conjunction with the unusual circumstances surrounding his arrest, constitutes an adequate foundation for the respondent’s determination”. Concur — Markewich, J. P., Kupferman, Murphy, Tilzer and Capozzoli, JJ.

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Bluebook (online)

50 A.D.2d 526, 375 N.Y.S.2d 114, 1975 N.Y. App. Div. LEXIS 12222, Counsel Stack Legal Research, https://law.counselstack.com/opinion/miles-v-police-department-nyappdiv-1975.