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In re Application of Moulton v. City of N.Y

Appellate Division of the Supreme Court of New York, First Department
Apr 20, 2000
271 A.D.2d 337 (N.Y. App. Div. 2000)

Opinion

April 20, 2000.

Judgment, Supreme Court, New York County (Jane Solomon, J.), entered April 22, 1999, which denied petitioner's application to annul respondents' determination revoking petitioner's target pistol license, and dismissed the petition, unanimously affirmed, without costs.

William A. Garcia, for petitioner-appellant.

Ellen Ravitch, for respondents-respondents.

NARDELLI, J.P., TOM, ELLERIN, LERNER, ANDRIAS, JJ.


The finding that petitioner lacks the good moral character to possess the license in question (Penal Law § 400.00[1][a]) is supported by his own account of the circumstances surrounding his involvement in his companion's solicitation of prostitution, and his possession of a counterfeit $10 bill for which, as the Hearing Officer found, he did not have a credible explanation. Furthermore, petitioner had lost his pistol permit several months prior to this incident, failed to report this to the licensing division, as required, and failed to properly voucher the pistol until he was arrested for his involvement in this incident. The penalty of licence revocation does not shock our sense of fairness.

THIS CONSTITUTES THE DECISION AND ORDER OF SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.


Summaries of

In re Application of Moulton v. City of N.Y

Appellate Division of the Supreme Court of New York, First Department
Apr 20, 2000
271 A.D.2d 337 (N.Y. App. Div. 2000)
Case details for

In re Application of Moulton v. City of N.Y

Case Details

Full title:IN RE APPLICATION OF ANTONIO MOULTON, Petitioner-Appellant, v. THE CITY OF…

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

Date published: Apr 20, 2000

Citations

271 A.D.2d 337 (N.Y. App. Div. 2000)
706 N.Y.S.2d 643