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Revocation of Pistol Permit (After Acquittal) Not Supported by Evidence

The Fourth Department, in an Article 78 proceeding initiated in the appellate court, annulled the revocation of petitioner’s pistol permit.  The permit was suspended temporarily when petitioner was charged with menacing but was revoked after an acquittal:

We agree with petitioner that the determination is arbitrary and capricious, and constitutes an abuse of discretion inasmuch as the record from the hearing is devoid of any evidence upon which respondent could have based his determination … .  We further agree with petitioner that his due process rights were violated inasmuch as the record from the hearing does not demonstrate that he was afforded the opportunity to review the alleged documentation upon which respondent based his determination … .  We therefore annul the determination.  We note, however, that our determination does not preclude the commencement of a new revocation proceeding… . Matter of Curts v Randall, 890, 4th Dept 10-4-13

 

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