Opinion
May 23, 1995
Appeal from the Supreme Court, New York County (Edward H. Lehner, J.).
Judicial review of an administrative action is limited to a determination of whether there exists a rational basis for the agency's decision and whether said decision is arbitrary and capricious (CPLR 7803; Flacke v Onondaga Landfill Sys., 69 N.Y.2d 355, 363; Matter of Pell v Board of Educ., 34 N.Y.2d 222, 230-231). We may not substitute our judgment for that of the agency responsible for making the initial determination (Flacke v Onondaga Landfill Sys., supra).
Upon our review of this record we find that a rational basis exists for the respondent's denial of the petitioner's request for return of her off-duty firearm and that therefore, said determination was not arbitrary and capricious. The request specifically granted the petitioner the right to resubmit her request at the appropriate time.
Concur — Murphy, P.J., Sullivan, Rubin, Kupferman and Ross, JJ.