Opinion
523553
03-08-2018
In the Matter of Joseph J. FEERICK, Petitioner, v. Michael F. MCGUIRE, as Sullivan County Judge, Respondent.
Law Office of Brian T. Stapleton, Esq., White Plains (Brian T. Stapleton of counsel), for petitioner. Eric T. Schneiderman, Attorney General, Albany (Frank Brady of counsel), for respondent.
Law Office of Brian T. Stapleton, Esq., White Plains (Brian T. Stapleton of counsel), for petitioner.
Eric T. Schneiderman, Attorney General, Albany (Frank Brady of counsel), for respondent.
Before: McCarthy, J.P., Lynch, Devine, Clark and Rumsey, JJ.
MEMORANDUM AND JUDGMENT
Devine, J. Proceeding pursuant to CPLR article 78 (initiated in this Court pursuant to CPLR 506[b][1] ) to review a determination of respondent denying petitioner's application for a pistol permit.
In November 2015, petitioner applied for a license to "have and possess [a pistol] in his dwelling" ( Penal Law § 400.00[2][a] ). In response to the application's demand for information as to whether he had "ever been arrested, summoned, charged or indicted anywhere for any offense, including DWI (except traffic infractions)," petitioner disclosed that he had previously been charged with driving while ability impaired. The Sullivan County Sheriff investigated the statements in the application pursuant to Penal Law § 400.00(4) and learned that petitioner had failed to disclose his full criminal history and had been arrested for, charged with and/or convicted of numerous criminal offenses over the decades. The Sullivan County Sheriff advised respondent, the licensing officer, of the omissions and that two of petitioner's undisclosed convictions disqualified him from obtaining a pistol permit. Respondent, citing petitioner's "prior criminal history and arrest record," then denied the application. Petitioner responded by commencing the present CPLR article 78 proceeding.
"A licensing official ‘is vested with considerable discretion in ruling on a permit application and may deny it for any good cause’ " ( Matter of Falcone v. O'Connor, 117 A.D.3d 1247, 1247, 986 N.Y.S.2d 265 [2014], quoting Matter of Vale v. Eidens, 290 A.D.2d 612, 613, 735 N.Y.S.2d 650 [2002] ), and, perceiving no abuse of discretion in the denial here, we confirm. Penal Law § 400.00(1)(c) provides that no license to carry or possess a firearm will be issued to an applicant "convicted anywhere of a felony or serious offense." Petitioner has been convicted of serious offenses related to his illegal possession of a pistol or other dangerous weapon, namely, 1978 and 1979 convictions for criminal possession of a weapon in the fourth degree (see Penal Law §§ 265.00[17][b] ; 265.01[1] ). Respondent was therefore obliged to deny the permit application (see Matter of Silinovich v. Vogt, 194 A.D.2d 1030, 1030, 599 N.Y.S.2d 694 [1993] ; Matter of Covell v. Aison, 153 A.D.2d 1001, 1002, 545 N.Y.S.2d 622 [1989], lv denied 74 N.Y.2d 615, 549 N.Y.S.2d 960, 549 N.E.2d 151 [1989] ). In any event, petitioner's failure to disclose his entire criminal history on the application afforded good cause for respondent to deny it (see Penal Law § 400.00[1] ; Matter of Gonzalez v. Lawrence, 36 A.D.3d 807, 808, 831 N.Y.S.2d 180 [2007] ; Matter of Anderson v. Mogavero, 116 A.D.2d 885, 885, 498 N.Y.S.2d 201 [1986] ).
ADJUDGED that the determination is confirmed, without costs, and petition dismissed.
McCarthy, J.P., Lynch, Clark and Rumsey, JJ., concur.