AMICUS AI
Citation Codes
Equivalent Citations
citation codes
Docket Number
Attorney(S)
Judges
Are you a practicing lawyer?
Enhance your digital presence and reach by creating a Casemine profile.
Upload pleading to use the new AI search
Cites
Cited by
Citation Codes
Equivalent Citations
citation codes
Docket Number
Attorney(S)
Judges

In the Matter of ANGELO MARTINO, Appellant, v. NASSAU COUNTY POLICE DEPARTMENT et al., Respondents.

Ordered that the judgment is affirmed, with costs.

The petitioner's pistol permit was revoked after he had a physical altercation with an emergency medical services technician who was rendering assistance to the petitioner's wife. After the criminal charges brought against the petitioner were dismissed, he sought reinstatement of his permit. Following a hearing, the hearing officer recommended that the application be denied, and the Commissioner of the Nassau County Police Department (hereinafter the Commissioner) adopted that recommendation. The petitioner commenced this proceeding in the Supreme Court, contending that the denial of his application to reinstate his pistol permit was improper. The Supreme Court denied the petition and dismissed the proceeding. We affirm.

The Commissioner, as the licensing officer ( see Penal Law § 265.00), is vested with broad discretion in determining whether to issue or revoke a license to possess firearms ( see Penal Law § 400.00). "Where a licensee challenges a determination, made after a hearing, to revoke his or her pistol license," or to deny reinstatement of a permit previously revoked, we review only "whether a rational basis exists for the licensing authority's determination, or whether the determination is arbitrary or capricious" ( Matter of Moreno v Cacace, 61 AD3d 977, 978; see Matter of Simmons v New York City Police Dept. License Div., 35 AD3d 748, 749; Matter of Papaioannou v Kelly, 14 AD3d 459, 460; Matter of Kaplan v Bratton, 249 AD2d 199, 201). Here, as the Supreme Court properly found, the evidence at the hearing provided a rational basis for the Commissioner's determination to deny the application to reinstate the permit, and the determination was neither arbitrary nor capricious ( see Matter of Moreno v Cacace, 61 AD3d at 979).

Use AI to get other relevant cases.

Comments

MARTINO v. NASSAU CTY. POLICE DEPT
(Oct 13, 2009)