Moulton v. City of New York

Appellate Division of the Supreme Court of New York

Moulton v. City of New York

271 A.D.2d 337, 706 N.Y.S.2d 643, 2000 N.Y. App. Div. LEXIS 4408

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

DecidedApril 20, 2000

StatusPublished

Cited by1 cases

This text of 271 A.D.2d 337 (Moulton v. City of New York) 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

Moulton v. City of New York, 271 A.D.2d 337, 706 N.Y.S.2d 643, 2000 N.Y. App. Div. LEXIS 4408 (N.Y. Ct. App. 2000).

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Opinion

—Judgment, Supreme Court, New York County (Jane Solomon, J.), entered April 22, 1999, which denied petitioner’s application to annul respondents’ determination revoking petitioner’s target pistol license, and dismissed the petition, unanimously affirmed, without costs.

The finding that petitioner lacks the good moral character to possess the license in question (Penal Law § 400.00 [1] [a]) is supported by his own account of the circumstances surrounding his involvement in his companion’s solicitation of prostitution, and his possession of a counterfeit $10 bill for which, as the Hearing Officer found, he did not have a credible explanation. Furthermore, petitioner had lost his pistol permit several months prior to this incident, failed to report this to the licens[338]*338ing division, as required, and failed to properly voucher the pistol until he was arrested for his involvement in this incident. The penalty of license revocation does not shock our sense of fairness. Concur — Nardelli, J. P., Tom, Ellerin, Lerner and Andrias, JJ.

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—Judgment, Supreme Court, New York County (Jane Solomon, J.), entered April 22, 1999, which denied petitioner’s application to annul respondents’ determination revoking petitioner’s target pistol license, and dismissed the petition, unanimously affirmed, without costs.

The finding that petitioner lacks the good moral character to possess the license in question (Penal Law § 400.00 [1] [a]) is supported by his own account of the circumstances surrounding his involvement in his companion’s solicitation of prostitution, and his possession of a counterfeit $10 bill for which, as the Hearing Officer found, he did not have a credible explanation. Furthermore, petitioner had lost his pistol permit several months prior to this incident, failed to report this to the licens[338]*338ing division, as required, and failed to properly voucher the pistol until he was arrested for his involvement in this incident. The penalty of license revocation does not shock our sense of fairness. Concur — Nardelli, J. P., Tom, Ellerin, Lerner and Andrias, JJ.

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Bluebook (online)

271 A.D.2d 337, 706 N.Y.S.2d 643, 2000 N.Y. App. Div. LEXIS 4408, Counsel Stack Legal Research, https://law.counselstack.com/opinion/moulton-v-city-of-new-york-nyappdiv-2000.

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