Opinion
June 9, 1995
Present — Green, J.P., Pine, Fallon, Callahan and Davis, JJ.
Determination unanimously confirmed without costs and petition dismissed. Memorandum: We reject respondent's contention that this proceeding was not timely commenced. Petitioner was entitled to appear with counsel and be heard on his request for reinstatement of his pistol license (see, Matter of Gordon v LaCava, 203 A.D.2d 290; Matter of Demchik v. Hannigan, 182 A.D.2d 1133; Matter of Burke v. Colabella, 113 A.D.2d 794). The determination was not "final and binding" upon petitioner until respondent denied that request (CPLR 217).
Respondent's denial of the request for reinstatement, based upon petitioner's failure to provide timely notification of a change of residence (see, Penal Law § 400.00), did not constitute an abuse of discretion and is neither arbitrary nor capricious (see, Matter of Simon v. Hannigan, 214 A.D.2d 1031; Matter of Eddy v. Kirk, 195 A.D.2d 1009, 1010-1011, affd 83 N.Y.2d 919).