Opinion
1035
May 1, 2003.
Judgment, Supreme Court, New York County (Walter Tolub, J.), entered December 27, 2002, which denied and dismissed the petition brought pursuant to CPLR article 78 to annul a determination of respondent Police Commissioner, dated May 17, 2001, denying petitioner's application for a target pistol permit, unanimously affirmed, without costs.
John S. Chambers, for petitioner-appellant.
Tahirih M. Sadrieh, for respondent-respondent.
Before: Saxe, J.P., Ellerin, Williams, Lerner, Marlow, JJ.
In view of the evidence indicating that petitioner had failed to properly safeguard three rifles which were stolen and failed once again to properly secure a licensed handgun which was stolen and was used in an assault, there was a rational basis for respondent's determination denying his application for a handgun permit. Accordingly, respondent's determination may not be judicially disturbed (see Matter of Nash v. Police Dept. of the City of New York, 271 A.D.2d 384).
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.