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IN RE RALPH CERCIELLO, Petitioner-Appellant, v. RAYMOND KELLY, AS POLICE COMMISSIONER OF THE CITY OF NEW YORK, ETC., Respondent-Respondent.

The revocation was supported by substantial evidence ( Matter of Trimis v. New York City Police Dept., 300 A.D.2d 162, lv denied 100 N.Y.2d 503) indicating lack of moral character and fitness to possess a firearm (Penal Law § 400.00; 38 RCNY 5-02), including petitioner's arrest on theft and fencing charges in New Jersey, resolution of those charges by restitution to the victim, failure to notify the License Division of the arrest for more than a year, and failure to promptly notify the License Division of a robbery at petitioner's business establishment (38 RCNY 5-22[c][1], 5-30[c],[d]).

THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.

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IN THE MATTER OF CERCIELLO v. KELLY
(Jun 17, 2004)