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Matter of Moraco v. Murphy

Appellate Division of the Supreme Court of New York, Second Department
Apr 24, 1995
214 A.D.2d 735 (N.Y. App. Div. 1995)

Opinion

April 24, 1995


Adjudged that the determination as amended is confirmed, and the proceeding is dismissed on the merits, without costs or disbursements.

The determination of J. Emmett Murphy that at the time the petitioner was found carrying his firearm he was not engaged in an activity related to his self-employment and that accordingly he was carrying the weapon "outside the restriction imposed [by] his pistol permit" was supported by substantial evidence in the record (see, Matter of Berenhaus v Ward, 70 N.Y.2d 436, 443; Matter of Pell v Board of Educ., 34 N.Y.2d 222, 230). Mangano, P.J., O'Brien, Ritter, Pizzuto and Florio, JJ., concur.


Summaries of

Matter of Moraco v. Murphy

Appellate Division of the Supreme Court of New York, Second Department
Apr 24, 1995
214 A.D.2d 735 (N.Y. App. Div. 1995)
Case details for

Matter of Moraco v. Murphy

Case Details

Full title:In the Matter of FRANCIS K. MORACO, Petitioner, v. J. EMMETT MURPHY et…

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

Date published: Apr 24, 1995

Citations

214 A.D.2d 735 (N.Y. App. Div. 1995)
625 N.Y.S.2d 949