IN RE APPLICATION OF MARTINEK v. KERIK

The denial of the application was not arbitrary and capricious. The fear felt by petitioner, a bank president, as a result of having to travel to and from high crime areas for the purpose of inspecting buildings and between bank branches for the purpose of transporting large sums of cash is too vague to constitute "proper cause" within the meaning of Penal Law § 400.00(2)(f), absent documentation substantiating the cash carried or a showing of particular threats, attacks or other extraordinary danger to personal safety (see,Matter of Williams v. Bratton, 238 A.D.2d 269; Matter of Kaplan v. Bratton, 249 A.D.2d 199, 201).

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