Opinion
No. 2032 109542/05.
November 15, 2007.
Determination of respondent's License Division, dated March 3, 2005, which, after a hearing, upheld the revocation of petitioner's pistol license, unanimously confirmed, the petition denied and this proceeding (transferred to this Court by order of Supreme Court, New York County [Michael D. Stallman, J.], entered September 22, 2005), dismissed, without costs.
Allan M. Morofsky, Brooklyn, for petitioner. Michael A. Cardozo, Corporation Counsel, New York (Cheryl Payer of counsel), for respondent.
Before: Friedman, J.P., Sullivan, Buckley and Malone, JJ.
There was substantial evidence adduced at the administrative hearing that petitioner failed to notify the License Division immediately of his arrest (in violation of 38 RCNY 5-22 [c] [1] and 5-30 [c] [1]) on charges of menacing in the third degree, and of an order of protection issued against him (in violation of 38 RCNY 5-30 [c] [5]). He also failed to submit a notarized statement as requested by the License Division (in violation of 38 RCNY 5-22 [a] [17]), and was illegally in possession of 10 rifles and a pellet rifle without a rifle/shotgun permit (in violation of New York City Administrative Code §§ 10-303 and 10-131 [b] [1]). In view of such evidence, the license revocation may not be judicially disturbed ( Matter of Cohen v Kelly, 30 AD3d 170; Ricatto v Kelly, 303 AD2d 240).
We have considered the balance of petitioner's argument and find it unavailing.