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Matter of Anderson v. Mulroy

Appellate Division of the Supreme Court of New York, Fourth Department
Oct 7, 1992
186 A.D.2d 1045 (N.Y. App. Div. 1992)

Opinion

October 7, 1992

Present — Green, J.P., Lawton, Boehm, Fallon and Davis, JJ.


Determination unanimously annulled on the law without costs, petition granted and matter remitted to respondent for further proceedings in accordance with the following Memorandum: In denying petitioner's application for a pistol license, respondent failed to give him a specific reason for the denial in writing as required by Penal Law § 400.00 (4-a). "The petitioner must be given the specific reasons for the denial of the pistol license, and be given the opportunity to respond to the objections to [the] application" (Matter of Savitch v Lange, 114 A.D.2d 372, 373; see also, Matter of Bobrick v Leggett, 71 A.D.2d 869; Matter of Guida v Dier, 54 A.D.2d 86). Respondent's determination is, therefore, annulled. The matter is remitted to respondent, who shall provide petitioner with the specific reasons for the denial of the pistol license and afford petitioner the opportunity to present evidence in response (see, Matter of Savitch v Lange, supra). In light of that determination, the issue of disclosure of confidential information is not ripe for determination (see, Matter of Guida v Dier, supra, at 88).


Summaries of

Matter of Anderson v. Mulroy

Appellate Division of the Supreme Court of New York, Fourth Department
Oct 7, 1992
186 A.D.2d 1045 (N.Y. App. Div. 1992)
Case details for

Matter of Anderson v. Mulroy

Case Details

Full title:In the Matter of ROBERT B. ANDERSON, JR., Petitioner, v. J. KEVIN MULROY…

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

Date published: Oct 7, 1992

Citations

186 A.D.2d 1045 (N.Y. App. Div. 1992)

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