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In the Matter of EFRAIN OLIVERA, Respondent, v. RAYMOND KELLY, as Statutorily Designated Handgun Licensing Officer and as New York City Police Commissioner, Appellant.

Petitioner's conviction of driving while impaired constitutes a rational basis for the Commissioner's finding that he has failed to maintain the requisite good moral character for issuance of a handgun license. In view of such finding, respondent's determination is neither arbitrary and capricious nor an abuse of his broad discretion ( see Matter of Papaioannou v. Kelly, 14 AD3d 459).

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IN THE MATTER OF OLIVERA v. KELLY
(Nov 10, 2005)