Opinion
3161.
Decided March 18, 2004.
Order, Supreme Court, New York County (Michael Stallman, J.), entered November 20, 2002, which denied petitioner's application to annul respondent Police Department's revocation of petitioner's target pistol and rifle/shotgun licenses, and dismissed the petition, unanimously affirmed, without costs.
John Skylar Chambers, for Petitioner-Appellant.
Alan G. Krams, Respondent-Respondent.
Before: Nardelli, J.P., Mazzarelli, Friedman, Gonzalez, JJ.
The penalty of revocation does not shock our sense of fairness. Substantial evidence supports respondent's findings that petitioner committed insurance fraud, failed to immediately notify respondent's Licensing Division of his arrest therefor ( see 38 RCNY § 5-30[c][1]), and then failed to comply with the Licensing Division's direction to provide it with a letter of explanation ( see 38 RCNY § 5-30[g]). Such circumstances warrant revocation ( cf. Matter of Trimis v. New York City Police Department, 300 A.D.2d 162, lv denied 100 A.D.2d 503); Matter of Shulman v. Safir, 249 A.D.2d 10). No basis exists to disturb the Hearing Officer's findings of credibility rejecting petitioner's claims that he is innocent and pleaded guilty to a lesser degree of insurance fraud than charged simply to avoid the expense of a trial ( see Matter of Berenhaus v. Ward, 70 N.Y.2d 436,443,444). We have considered petitioner's other arguments and find them unavailing.
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.