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In the Matter of STUART E. GOLDBERG, Petitioner, v. HARRY EDELSTEIN, as Judge of the County Court of the County of Rockland, Respondent.

Proceeding pursuant to CPLR article 78, inter alia, to review a determination of the respondent dated April 15, 1983, which, after a hearing, revoked petitioner's license to carry a pistol. ¶ Determination confirmed and proceeding dismissed on the merits, without costs or disbursements. ¶ Petitioner left a fully loaded, .357 Magnum revolver on a hook in his desk well while he was absent from his office. A police officer responding to a report that the office burglar alarm was sounding, found the office door open, and subsequently found the loaded gun, which he then secured, while inspecting the premises for a possible burglar. Respondent's determination that this manner of storing the loaded weapon was inadequate and improper was neither arbitrary, capricious nor an abuse of discretion (see Matter of Budde v Rubin, 89 A.D.2d 1016; Matter of Pelose v County Ct., 53 A.D.2d 645). We have examined the other contentions raised by petitioner and find them to be without merit. Thompson, J.P., Bracken, O'Connor and Weinstein, JJ., concur.

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MATTER OF GOLDBERG v. EDELSTEIN
(Apr 30, 1984)