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In the Matter of Olivera v. Kelly

Appellate Division of the Supreme Court of New York, First Department
Nov 10, 2005
23 A.D.3d 216 (N.Y. App. Div. 2005)

Opinion

6766.

November 10, 2005.

Judgment (denominated an order), Supreme Court, New York County (Robert D. Lippmann, J.), entered September 21, 2004, which granted the petition and annulled respondent's determination denying petitioner's appeal of the disapproval of his application for a handgun license, unanimously reversed, on the law, without costs, the petition denied and the proceeding dismissed.

Michael A. Cardozo, Corporation Counsel, New York (Julian L. Kalkstein of counsel), for appellant.

Law Offices of John S. Chambers Associates, New York (John S. Chambers of counsel), for respondent.

Before: Andrias, J.P., Friedman, Sullivan and Gonzalez, JJ., concur.


Petitioner's conviction of driving while impaired constitutes a rational basis for the Commissioner's finding that he has failed to maintain the requisite good moral character for issuance of a handgun license. In view of such finding, respondent's determination is neither arbitrary and capricious nor an abuse of his broad discretion ( see Matter of Papaioannou v. Kelly, 14 AD3d 459).


Summaries of

In the Matter of Olivera v. Kelly

Appellate Division of the Supreme Court of New York, First Department
Nov 10, 2005
23 A.D.3d 216 (N.Y. App. Div. 2005)
Case details for

In the Matter of Olivera v. Kelly

Case Details

Full title:In the Matter of EFRAIN OLIVERA, Respondent, v. RAYMOND KELLY, as…

Court:Appellate Division of the Supreme Court of New York, First Department

Date published: Nov 10, 2005

Citations

23 A.D.3d 216 (N.Y. App. Div. 2005)
2005 N.Y. Slip Op. 8615
805 N.Y.S.2d 6

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