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Matter of Burke v. Colabella

Appellate Division of the Supreme Court of New York, Second Department
Sep 9, 1985
113 A.D.2d 794 (N.Y. App. Div. 1985)

Opinion

September 9, 1985

Appeal from the County Court, Westchester County (Colabella, J.).


Determination annulled, on the law, without costs or disbursements, and matter remitted to the County Court, Westchester County, for a hearing de novo.

While a formal adversarial hearing is not required before a pistol license is revoked, the licensee must be given notice of the charges and evidence against him, and be given an opportunity to appear with his lawyer to rebut the charges ( Matter of St.-Oharra v Colucci, 67 A.D.2d 1104). In the instant case, there is no way of knowing whether such requirements were complied with because the file from the County Court has been misplaced. Therefore, a new hearing is required. Brown, J.P., Niehoff, Rubin and Lawrence, JJ., concur.


Summaries of

Matter of Burke v. Colabella

Appellate Division of the Supreme Court of New York, Second Department
Sep 9, 1985
113 A.D.2d 794 (N.Y. App. Div. 1985)
Case details for

Matter of Burke v. Colabella

Case Details

Full title:In the Matter of PETER J. BURKE, Petitioner, v. NICHOLAS COLABELLA…

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

Date published: Sep 9, 1985

Citations

113 A.D.2d 794 (N.Y. App. Div. 1985)

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