Summary
adopting new guidelines for discipline in cases involving neglect or failure of zealous representation
Summary of this case from In the Matter of ShaughnessyOpinion
August 11, 1997
Appeal from the Supreme Court, Nassau County (DiNoto, J.).
Ordered that the order is modified, on the law, by deleting the provision thereof which directed the Commissioner of Police of the Nassau County Police Department to adopt a written standard for determining license applications to possess and carry a pistol or revolver; as so modified, the order is affirmed, without costs or disbursements.
The Commissioner of Police of the Nassau County Police Department (hereinafter the Commissioner) denied the petitioner's application for a "full carry" permit because "such a permit cannot be granted under our current licensing policies". These are not reasons "specifically and concisely stated in writing" required under Penal Law § 400.00 (4-a) ( see also, e.g., Matter of Deyo v. County Ct. Judge, 215 A.D.2d 758; Matter of Babu v. Lange, 164 A.D.2d 910). "[A] more informative statement of the controlling considerations is necessary for us to determine the reasonableness of the actions taken" ( Matter of Fulco v. McGuire, 81 A.D.2d 509, 510). Additionally, the Commissioner's argument that the petitioner never made an application for a "full carry" permit is belied by the record. Thus, the matter was properly remitted to the Commissioner to reconsider the application and, if it is denied, to articulate, in writing, the standards used in evaluating the petitioner's license application and the reasons for denial. Nevertheless, the Supreme Court was without authority to direct the Commissioner to adopt written standards applicable to all such applications, as no such written standards are required under the statute (see, Penal Law § 400.00).
Pizzuto, J.P., Santucci, Friedmann and Luciano, JJ., concur.