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STEVEN P. ROMBOM, v. RAYMOND W. KELLY

Appellate Division of the Supreme Court of New York, First Department.
May 11, 2010
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The determination is supported by substantial evidence that petitioner lacks the good moral character to possess the subject license ( see 38 RCNY 5-02 [a]) and permit ( see Administrative Code of City of NY ยง 10-303 [a] [2]). Such evidence consists of the record in a prior, 2005 proceeding that resulted in the revocation of petitioner's business-carry pistol license on a finding that he conspired with another individual to deceive the License Division over a period of years about his business address ( see Matter of Fastag v Kerik, 295 AD2d 114). There was also substantial evidence that petitioner did not reside or have a principal place of business in New York City, as required to possess a premises-residence handgun license (38 RCNY 5-02 [g]; see Matter of Mahoney v Lewis, 199 AD2d 734, 735 [3d Dept 1993]). Such evidence consists of petitioner's failure to produce any gas, electricity or telephone bills for his alleged Brooklyn residence, his use of a Brooklyn P.O. box as the address on his tax returns and on his recently acquired New York State nondriver's ID, and his maintenance of a Texas driver's license since 1984. No basis exists to disturb the Hearing Officer's findings of credibility ( see Sewell v City of New York, 182 AD2d 469, 473, lv denied 80 NY2d 756).