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In the Matter of Sheinin v. Kelly

Appellate Division of the Supreme Court of New York, First Department
May 10, 2005
18 A.D.3d 260 (N.Y. App. Div. 2005)

Opinion

6043.

May 10, 2005.

Determination of respondent Police Department, dated October 1, 2003, which, after a hearing, revoked petitioner's premises business pistol license, unanimously confirmed, the petition denied and the proceeding (transferred to this Court by order of Supreme Court, New York County [Faviola A. Soto, J.], entered April 27, 2004) dismissed, without costs.

Before: Mazzarelli, J.P., Ellerin, Nardelli, Williams and Catterson, JJ., concur.


Substantial evidence supported the determination to revoke petitioner's license, including proof that he showed poor judgment on more than one occasion in carrying the weapon, contrary to the restrictions on his license. Under the circumstances, the penalty of revocation was not so disproportionate to this conduct as to shock the conscience ( Matter of Gordon v. LaCava, 203 AD2d 290).


Summaries of

In the Matter of Sheinin v. Kelly

Appellate Division of the Supreme Court of New York, First Department
May 10, 2005
18 A.D.3d 260 (N.Y. App. Div. 2005)
Case details for

In the Matter of Sheinin v. Kelly

Case Details

Full title:In the Matter of BRYAN SHEININ, Petitioner, v. RAYMOND KELLY, as Police…

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

Date published: May 10, 2005

Citations

18 A.D.3d 260 (N.Y. App. Div. 2005)
793 N.Y.S.2d 917