Opinion
May 26, 1994
Appeal from the Supreme Court, New York County (Martin Evans, J.).
The proof before the Police Commissioner's Hearing Officer included petitioner's arrest in September 1990 following a confrontation with his estranged wife, prior incidents of violence toward his wife which had led to her seeking an order of protection, and a prior arrest in 1986 based on petitioner's violent reaction triggered by an ordinary traffic altercation, which resulted in a two-year probationary period being imposed upon his pistol licensure. Petitioner's history, considered in its entirety, was found both by the Hearing Officer and the administrative appeals panel to be incompatible with his continued privilege to carry firearms. In light of this evidence, the credibility of which was for the Hearing Officer to evaluate, respondent's determination was neither arbitrary nor irrational (Sewell v. City of New York, 182 A.D.2d 469, 473), and was consistent with its role in protecting the public (Matter of Harris v. Codd, 57 A.D.2d 778, 779, affd 44 N.Y.2d 978).
Concur — Ellerin, J.P., Wallach, Kupferman, Rubin and Tom, JJ.