Opinion
No. 2008-01863.
September 23, 2008.
Proceeding pursuant to CPLR article 78, inter alia, to review a determination of the respondent Jeffrey A. Cohen, dated February 25, 2008, which, upon renewal, adhered to his prior determination dated October 31, 2007, denying the petitioner's application for a pistol permit.
Andrew M. Cuomo, Attorney General, New York, N.Y. (Susan Anspach of counsel), for respondent.
Before: Ritter, J.P., Miller, Dillon and McCarthy, JJ.
Adjudged that the petition is denied and the proceeding is dismissed on the merits, with costs.
Penal Law § 400.00 (1) provides, inter alia, that no firearm license shall be issued until after an investigation and a finding that all statements on the application are true. A county licensing officer has broad discretionary authority in determining whether to issue a permit (see Matter of Denora v Safir, 27r4 AD2d 478 [2000]; Matter of Parker v Nastasi, 97 AD2d 547, aff'd 62 NY2d 714). Here, the petitioner undisputedly failed to disclose a prior arrest and prior conviction in his application for a pistol permit. As such, the respondent Jeffrey A. Cohen, a County Court Judge acting in his administrative capacity as the county licensing officer (see Penal Law § 265.00), did not act arbitrarily or capriciously in denying the petitioner's application based on those untruths (see Penal Law § 400.00 [].); Matter of Gonzalez v Lawrence, 36 AD3d 807; Matter of Papineau v Martusewicz, 35 AD3d 1214; Matter of Hanna v Police Dept. of County of Nassau, 205 AD2d 689; Matter of Conciatori v Brown, 201 AD2d 323; Matter of West fall v Lange, 175 AD2d 290; Matter of Willis v Treder, 127 AD2d 667).
The petitioner's remaining contentions are without merit.