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Matter of Giraldez v. Bratton

Appellate Division of the Supreme Court of New York, First Department
May 11, 1995
215 A.D.2d 210 (N.Y. App. Div. 1995)

Opinion

May 11, 1995

Appeal from the Supreme Court, New York County (Elliott Wilk, J.).


Respondent's determination denying petitioner a MOS license upon his retirement from the New York City Police Department was not arbitrary and capricious since under departmental policy it is respondent's practice to deny such applications if the applicant retired without firearms privileges (see, Matter of Laier v McGuire, 111 A.D.2d 43). Since possession of a pistol license is a privilege and not a right (Sewell v City of New York, 182 A.D.2d 469, 472, lv denied 80 N.Y.2d 756), and the determination has a rational basis, the application was properly dismissed. We note it was petitioner's own action instigating his immediate retirement which prevented a hearing upon the charges underlying respondent's withdrawal of petitioner's firearm privileges while he was a member of the Police Department.

Concur — Sullivan, J.P., Rosenberger, Wallach, Kupferman and Asch, JJ.


Summaries of

Matter of Giraldez v. Bratton

Appellate Division of the Supreme Court of New York, First Department
May 11, 1995
215 A.D.2d 210 (N.Y. App. Div. 1995)
Case details for

Matter of Giraldez v. Bratton

Case Details

Full title:In the Matter of MARC GIRALDEZ, Appellant, v. WILLIAM J. BRATTON, as…

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

Date published: May 11, 1995

Citations

215 A.D.2d 210 (N.Y. App. Div. 1995)
626 N.Y.S.2d 484

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