Reale v. Kelly

Appellate Division of the Supreme Court of New York

Reale v. Kelly

222 A.D.2d 338, 636 N.Y.S.2d 18, 1995 N.Y. App. Div. LEXIS 13347

Appellate Division of the Supreme Court of the State of New York·Decided December 21, 1995·Published·Cited by 1 cases

Opinion

—Order, Supreme Court, New York County (Robert Lippmann, J.), entered May 17, 1994, which denied petitioner’s application pursuant to CPLR article 78 seeking to annul respondent Police Commissioner’s determination disapproving petitioner’s application to carry a concealed weapon, unanimously affirmed, without costs.

Respondent’s determination was rationally based on petitioner’s failure to mention in his application the true nature of the business for which he sought a pistol (see, Matter of Tartaglia v Kelly, 215 AD2d 166). Concur — Wallach, J. P., Kupferman, Ross, Williams and Tom, JJ.

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—Order, Supreme Court, New York County (Robert Lippmann, J.), entered May 17, 1994, which denied petitioner’s application pursuant to CPLR article 78 seeking to annul respondent Police Commissioner’s determination disapproving petitioner’s application to carry a concealed weapon, unanimously affirmed, without costs.

Respondent’s determination was rationally based on petitioner’s failure to mention in his application the true nature of the business for which he sought a pistol (see, Matter of Tartaglia v Kelly, 215 AD2d 166). Concur — Wallach, J. P., Kupferman, Ross, Williams and Tom, JJ.

Reale v. Kelly, 222 A.D.2d 338, 636 N.Y.S.2d 18, 1995 N.Y. App. Div. LEXIS 13347 (N.Y. Ct. App. 1995).

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Opinion

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