Opinion
May 11, 1995
Appeal from the Supreme Court, New York County (Elliott Wilk, J.).
Respondent's determination denying petitioner a MOS license upon his retirement from the New York City Police Department was not arbitrary and capricious since under departmental policy it is respondent's practice to deny such applications if the applicant retired without firearms privileges (see, Matter of Laier v McGuire, 111 A.D.2d 43). Since possession of a pistol license is a privilege and not a right (Sewell v City of New York, 182 A.D.2d 469, 472, lv denied 80 N.Y.2d 756), and the determination has a rational basis, the application was properly dismissed. We note it was petitioner's own action instigating his immediate retirement which prevented a hearing upon the charges underlying respondent's withdrawal of petitioner's firearm privileges while he was a member of the Police Department.
Concur — Sullivan, J.P., Rosenberger, Wallach, Kupferman and Asch, JJ.