Opinion
September 27, 1982
In a proceeding pursuant to CPLR article 78 to compel respondents to reinstate petitioner's pistol permits, petitioner appeals from a judgment of the Supreme Court, Westchester County (Gurahian, J.), entered December 11, 1981, which dismissed the petition. Judgment affirmed, without costs or disbursements. A CPLR article 78 proceeding against a Supreme Court Justice or a County Court Judge must be commenced in the Appellate Division (see CPLR 506, subd [b], par 1; Matter of B.T. Prods. v. Barr, 44 N.Y.2d 226, 234). However, we will consider the instant appeal by petitioner as if it were an original application to this court (see Matter of Snee v. County Court of County of Cayuga, 31 A.D.2d 303, 308; Matter of Nolan v. Court of General Sessions, 15 A.D.2d 78, 79-80, affd 11 N.Y.2d 114). We find that the revocation of petitioner's pistol permits was not arbitrary or capricious nor an abuse of discretion (see Matter of St.-Oharra v. Colucci, 67 A.D.2d 1104). Mollen, P.J., Damiani, Titone and Weinstein, JJ., concur.