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IN RE MATTER ALAN KACHALSKY
Appellate Division of the Supreme Court of New York, Second Department.
Sep 8, 2009
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Adjudged that the determination is confirmed, the petition is denied, and the proceeding is dismissed on the merits, without costs or disbursements.
The petitioner failed to demonstrate "proper cause" for the issuance of a "full carry" permit (Penal Law ยง 400.00 [f]; Matter of Hecht v Bivona, 11 AD3d 614; Matter of Sarro v Smith, 8 AD3d 395; Matter of Bando v Sullivan, 290 AD2d 691). Accordingly, the respondent's determination was not arbitrary or capricious and should not be disturbed ( see Matter of O'Brien v Keegan, 87 NY2d 436, 439; Matter of Sarro v Smith, 8 AD3d at 395).
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