Moraco v. Murphy

Appellate Division of the Supreme Court of New York

Moraco v. Murphy

214 A.D.2d 735, 625 N.Y.S.2d 949, 1995 N.Y. App. Div. LEXIS 4474

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

DecidedApril 24, 1995

StatusPublished

This text of 214 A.D.2d 735 (Moraco v. Murphy) 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

Moraco v. Murphy, 214 A.D.2d 735, 625 N.Y.S.2d 949, 1995 N.Y. App. Div. LEXIS 4474 (N.Y. Ct. App. 1995).

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Opinion

Proceeding pursuant to CPLR article 78 to review a determination of the respondent J. Emmett Murphy, dated August 29, 1994, as amended by a determination dated January 6, 1995, which, after a hearing, revoked the petitioner’s pistol permit.

Adjudged that the determination as amended is confirmed, and the proceeding is dismissed on the merits, without costs or disbursements.

The determination of J. Emmett Murphy that at the time the petitioner was found carrying his firearm he was not engaged in an activity related to his self-employment and that accordingly he was carrying the weapon "outside the restriction imposed [by] his pistol permit” was supported by substantial evidence in the record (see, Matter of Berenhaus v Ward, 70 NY2d 436, 443; Matter of Pell v Board of Educ., 34 NY2d [736]*736222, 230). Mangano, P. J., O’Brien, Ritter, Pizzuto and Florio, JJ., concur.

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Proceeding pursuant to CPLR article 78 to review a determination of the respondent J. Emmett Murphy, dated August 29, 1994, as amended by a determination dated January 6, 1995, which, after a hearing, revoked the petitioner’s pistol permit.

Adjudged that the determination as amended is confirmed, and the proceeding is dismissed on the merits, without costs or disbursements.

The determination of J. Emmett Murphy that at the time the petitioner was found carrying his firearm he was not engaged in an activity related to his self-employment and that accordingly he was carrying the weapon "outside the restriction imposed [by] his pistol permit” was supported by substantial evidence in the record (see, Matter of Berenhaus v Ward, 70 NY2d 436, 443; Matter of Pell v Board of Educ., 34 NY2d [736]*736222, 230). Mangano, P. J., O’Brien, Ritter, Pizzuto and Florio, JJ., concur.

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Bluebook (online)

214 A.D.2d 735, 625 N.Y.S.2d 949, 1995 N.Y. App. Div. LEXIS 4474, Counsel Stack Legal Research, https://law.counselstack.com/opinion/moraco-v-murphy-nyappdiv-1995.

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