Opinion
2003-09792.
Decided June 7, 2004.
Proceeding pursuant to CPLR article 78 to review a determination of the respondent Mary H. Smith, dated September 4, 2003, which, upon reconsideration, adhered to her prior determination, dated July 17, 2003, denying the petitioner's application for a pistol permit, and cross motion by the respondent to dismiss the proceeding for failure to state a cause of action.
Giulini Giulini, Monticello, N.Y. (Charles A. Giulini, Jr., of counsel), for petitioner.
Eliot Spitzer, Attorney-General, New York, N.Y. (Constantine A. Speres of counsel), for respondent.
Before: MYRIAM J. ALTMAN, J.P., SONDRA MILLER, DANIEL F. LUCIANO, STEPHEN G. CRANE, JJ.
DECISION, ORDER JUDGMENT
Upon the papers filed in support of the proceeding and the cross motion and the papers filed in opposition thereto, it is
ORDERED that the cross motion is denied, without costs or disbursements; and it is further,
ADJUDGED that the determination is confirmed, the petition is denied, and the proceeding is dismissed on the merits, without costs or disbursements.
A licensing officer has broad discretion in determining whether "proper cause" exists for the issuance of a "carry concealed" license (Penal Law § 400.00[f]) and may deny such application for good cause ( see Penal Law § 400.00[g]; Matter of Orgel v. DiFiore, 303 A.D.2d 758; Matter of Bando v. Sullivan, 290 A.D.2d 691, 692; Matter of Fromson v. Nelson, 178 A.D.2d 479). Contrary to the petitioner's contention, the determination denying his application had a rational basis and was not arbitrary or capricious ( see Matter of Hassig v. Nicandri, 2 A.D.3d 1118, lv denied N.Y.3d [Mar. 25, 2004]; Matter of Dlugosz v. Scarano, 255 A.D.2d 747, 748, lv denied 93 N.Y.2d 809, cert denied 528 U.S. 1079).
The petitioner's remaining contentions are without merit.
ALTMAN, J.P., S. MILLER, LUCIANO and CRANE, JJ., concur.