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Esposito v. Kelly

Appellate Division of the Supreme Court of New York, First Department
Dec 20, 2007
46 A.D.3d 384 (N.Y. App. Div. 2007)

Opinion

No. 2374.

December 20, 2007.

Determination of respondent's License Division, dated March 31, 2006, which, after a hearing, revoked petitioner's license to carry a pistol, unanimously confirmed, the petition denied and the proceeding (transferred to this Court by order of Supreme Court, New York County [Walter Tolub, J.], entered October 31, 2006) dismissed, without costs.

Michael A. Cardozo, Corporation Counsel, New York (Jane L. Gordon of counsel), for respondents.

Before: Lippman, P.J., Mazzarelli, Saxe, Williams and Buckley, JJ.


In view of the uncontroverted evidence that petitioner was arrested for multiple counts of possession of marijuana, that marijuana was found in his car, and that he violated the conditions of his license by failing to notify the License Division of his arrest, the revocation of petitioner's license may not be judicially disturbed (see Ricatto v Kelly, 303 AD2d 240). Petitioner's argument that the penalty of revocation shocks the conscience is without merit (see Matter of Robinson v Ward, 181 AD2d 585).


Summaries of

Esposito v. Kelly

Appellate Division of the Supreme Court of New York, First Department
Dec 20, 2007
46 A.D.3d 384 (N.Y. App. Div. 2007)
Case details for

Esposito v. Kelly

Case Details

Full title:In the Matter of ALBERT ESPOSITO, Petitioner, v. RAYMOND KELLY, as Police…

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

Date published: Dec 20, 2007

Citations

46 A.D.3d 384 (N.Y. App. Div. 2007)
2007 N.Y. Slip Op. 10032
847 N.Y.S.2d 578