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Matter of Mendez v. Police Department

Appellate Division of the Supreme Court of New York, First Department
Dec 10, 1992
188 A.D.2d 352 (N.Y. App. Div. 1992)

Opinion

December 10, 1992

Appeal from the Supreme Court, New York County [Jacqueline W. Silbermann, J.].


On September 21, 1987 petitioner was arrested for possessing 21 stolen shopping carts. At the time of the arrest, petitioner was the holder of a pistol license, authorizing him to carry a .38 caliber revolver.

Thereafter, as a result of an administrative hearing, a Hearing Officer found the petitioner's testimony of how he acquired possession of those shopping carts to be not credible and evasive, and we have held that issues of credibility are for the Hearing Officer to resolve. Based upon the Hearing Officer's finding that petitioner's testimony about the circumstances of the arrest of September 21, 1987 was not credible, we further find that there was a rational basis for the respondent's determination to revoke his pistol license (Sewell v City of New York, 182 A.D.2d 469, 473).

We have considered the other contentions of petitioner, and find them to be without merit.

Concur — Murphy, P.J., Carro, Rosenberger and Ellerin, JJ.


Summaries of

Matter of Mendez v. Police Department

Appellate Division of the Supreme Court of New York, First Department
Dec 10, 1992
188 A.D.2d 352 (N.Y. App. Div. 1992)
Case details for

Matter of Mendez v. Police Department

Case Details

Full title:In the Matter of ANDRES MENDEZ, Petitioner, v. POLICE DEPARTMENT OF THE…

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

Date published: Dec 10, 1992

Citations

188 A.D.2d 352 (N.Y. App. Div. 1992)
590 N.Y.S.2d 499