AMICUS AI
Citation Codes
Equivalent Citations
citation codes
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

In the Matter of SCOTT TARTAGLIA, Appellant, v. RAYMOND W. KELLY, as Police Commissioner of the City of New York, and His Successors in Office, Respondent.

Possession of a handgun license is a privilege, not a right, the issuance of which is committed to the sound discretion of the licensing official (Sewell v City of New York, 182 A.D.2d 469, 472, 473, lv denied 80 N.Y.2d 756). Respondent's determination that petitioner did not demonstrate a special need for self-protection distinguishable from that of the general community or of persons engaged in the same profession cannot be said to be arbitrary, capricious or an abuse of discretion (see, Matter of Milo v Kelly, 211 A.D.2d 488; Matter of Conciatori v Brown, 201 A.D.2d 323; Sable v McGuire, 92 A.D.2d 805; Matter of Klenosky v New York City Police Dept., 75 A.D.2d 793, affd 53 N.Y.2d 685). Additionally, inaccuracies in the information provided by petitioner in connection with the application constitute an independent basis to affirm the denial of the application (Penal Law § 400.00; Matter of Conciatori v Brown, supra).

Concur — Murphy, P.J., Ellerin, Rubin, Tom and Mazzarelli, JJ.

Use AI to get other relevant cases.

Comments

MATTER OF TARTAGLIA v. KELLY
(May 9, 1995)