Matter of Bocchiano v. N.Y. City Police Dept

Full title: In the Matter of RICHARD BOCCHIANO, JR., Appellant, v. NEW YORK CITY…

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

Date published: Mar 21, 1995

213 A.D.2d 264 (N.Y. App. Div. 1995)

624 N.Y.S.2d 21

Opinion

March 21, 1995

Appeal from the Supreme Court, New York County (Angela Mazzarelli, J.).

The record indicates that in violation of the applicable licensing provision (38 RCNY 5-22 [a] [16]), petitioner carried a loaded handgun, not in a locked container, and failed to proceed directly from the firing range to his home. Additionally, the Hearing Officer found that petitioner provided unreliable and evasive testimony at the hearing and displayed a lack of responsibility and thus did not possess the good moral character required (38 RCNY 5-02 [a]). Accordingly, the determination has a rational basis in the record and was not an abuse of discretion, and was properly confirmed (Sewell v. City of New York, 182 A.D.2d 469, 473, lv denied 80 N.Y.2d 756).

Concur — Murphy, P.J., Sullivan, Ellerin and Williams, JJ.