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In the Matter of THOMAS P. JENKINS, Petitioner, v. LAWRENCE N. MARTIN, JR., as Judge of the County Court in and for Westchester County, et al., Respondents.

Proceeding pursuant to CPLR article 78 to review a determination of the respondent Martin, dated March 25, 1983, which revoked petitioner's pistol permits. Determination confirmed and proceeding dismissed, on the merits, without costs or disbursements. The order of respondent Martin was supported by substantial evidence in the record and was neither arbitrary nor capricious (see Matter of Silverberg v Dillon, 73 A.D.2d 838, app dsmd 49 N.Y.2d 889; Matter of De Trano v Looney, 66 Misc.2d 183; Matter of David H., 96 Misc.2d 117). Further, the admission of petitioner's hospital records into evidence was justified by the compelling public interest at stake (cf. Baecher v Baecher, 58 A.D.2d 821; Perry v Fiumano, 61 A.D.2d 512 [child custody]; Matter of Camperlengo v Blum, 56 N.Y.2d 251; Matter of Grand Jury Proceedings [ Doe], 56 N.Y.2d 348 [Medicaid fraud investigation]). Mollen, P.J., Niehoff, Rubin and Boyers, JJ., concur.

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MATTER OF JENKINS v. MARTIN
(Feb 21, 1984)