Opinion
July 15, 1994
Appeal from the Supreme Court, Nassau County, McCaffrey, J.
Present — Green, J.P., Balio, Fallon, Callahan and Davis, JJ.
Judgment unanimously affirmed without costs. Memorandum: Petitioner seeks to vacate the determination of respondent denying his application for a pistol permit. Supreme Court improperly considered a misdemeanor arrest occurring subsequent to respondent's determination as support for that determination. That court's review was limited to the record before respondent (see, Matter of Ogden v. Du Mond, 273 App. Div. 582).
The court nevertheless properly concluded that respondent's determination was not arbitrary and capricious. Petitioner's prior felony conviction constituted sufficient ground for the denial of the application (see, Penal Law § 400.00; Matter of Silinovich v. Vogt, 194 A.D.2d 1030; Matter of Covell v. Aison, 153 A.D.2d 1001, lv denied 74 N.Y.2d 615; Matter of Schnell v Spano, 120 A.D.2d 669). There is no merit to the contention that respondent failed to consider the fact that a certificate of relief from disabilities had been granted to petitioner and the underlying facts of the prior conviction. We perceive no reason to disturb the exercise of respondent's broad discretionary power on such matters (see, Matter of Covell v. Aison, supra).