Opinion
2011-11-22
In re Richard LOGAN, Petitioner, v. Raymond KELLY, etc., Respondent.
Kevin P. Sheerin, Mineola, for petitioner. Michael A. Cardozo, Corporation Counsel, New York (Alyse Fiori of counsel), for respondent.
Kevin P. Sheerin, Mineola, for petitioner. Michael A. Cardozo, Corporation Counsel, New York (Alyse Fiori of counsel), for respondent.
MOSKOWITZ, J.P., RENWICK, DeGRASSE, ABDUS–SALAAM, JJ.
Determination of respondent, dated January 5, 2010, which revoked petitioner's Retired Law Enforcement Carry pistol license, unanimously confirmed, the petition denied and the proceeding brought pursuant to CPLR article 78 (transferred to this Court by order of Supreme Court, New York County [Michael D. Stallman, J.], entered July 8, 2010), dismissed, without costs.
Respondent's determination was supported by substantial evidence ( see generally 300 Gramatan Ave. Assoc. v. State Div. of Human Rights, 45 N.Y.2d 176, 408 N.Y.S.2d 54, 379 N.E.2d 1183 [1978] ). Petitioner conceded at the administrative hearing that he failed to immediately notify the License Division upon becoming a party to a Child Protective Services investigation, a party to domestic incident reports, and when an order of protection was issued against him ( see 38 RCNY 5–22[c][8]; 38 RCNY 5–30[c][5], [d]; Matter of Kozhar v. Kelly, 62 A.D.3d 540, 882 N.Y.S.2d 399 [2009] ). The revocation of petitioner's license was within respondent's broad discretion regardless of whether the allegations of petitioner's ex-wife, which led to the reportable incidents, were false. Petitioner's contention that his failure to report the incidents were “technical violations,” is unavailing ( see Matter of Cohen v. Kelly, 30 A.D.3d 170, 815 N.Y.S.2d 565 [2006] ).
The penalty imposed does not shock our sense of fairness ( see Matter of Del Valle v. Kelly, 37 A.D.3d 311, 828 N.Y.S.2d 891 [2007] ). 38 RCNY 5–22(a)(1) explicitly states that pistol licenses are revocable at any time, and the record shows that petitioner violated the rules governing his pistol license on numerous occasions.