Opinion
No. 2008-09189.
November 24, 2009.
In a proceeding to revoke a pistol license, Charles E. Shuler appeals from an order of the County Court, Westchester County (Hubert, J.), entered September 9, 2008, which, after a hearing, granted the administrative application of the Westchester County Attorney to revoke his pistol license.
Alvin J. Thomas, Mount Vernon, N.Y., for appellant.
Charlene M. Indelicato, County Attorney, White Plains, N.Y.(Stacey Dolgin-Kmetz and Thomas G. Gardiner of counsel), respondent pro se.
Before: Skelos, J.P., Eng, Austin and Roman, JJ., concur.
Ordered that the appeal is dismissed, with costs.
The appropriate procedure for the review of a determination of a County Court Judge, acting in his or her administrative capacity as the firearms licensing officer for the County of Westchester under Penal Law § 400.00 (11) and § 265.00 (10), is not a direct appeal, but the commencement of a CPLR article 78 proceeding in this Court ( see CPLR 7801, 506 [b] [1]; Matter of Panaro [County of Westchester], 250 AD2d 616; Matter of County of Westchester v D'Ambrosio, 244 AD2d 334). The instant appeal cannot be converted into an original proceeding commenced in this Court since the County Court Judge who made the determination is a necessary party and was not named or served ( see Matter of Panaro [County of Westchester], 250 AD2d at 616; Matter of Greenspan v O'Rourke, 27 NY2d 846). Therefore, the appeal must be dismissed ( see Matter of County of Westchester v D'Ambrosio, 244 AD2d at 335).