You are here: / / THE PISTOL LICENSING SERVICE’S DENIAL OF PETITIONER’S APPLICATION...
,

THE PISTOL LICENSING SERVICE’S DENIAL OF PETITIONER’S APPLICATION FOR A PISTOL LICENSE HAD A RATIONAL BASIS AND SHOULD NOT HAVE BEEN ANNULLED (SECOND DEPT).

The Second Department, reversing Supreme Court, determined the Pistol License Section’s (PLS’s) denial of petitioner’s application for a pistol licenses had a rational basis and should not have been annulled:

… [T]he denial of the petitioner’s application for a pistol license had a rational basis and was not arbitrary and capricious. The PLS’s investigation of the petitioner’s application revealed a lengthy history of domestic incidents that involved, at various points, the petitioner, the petitioner’s wife, a close family member of the petitioner, and the close family member’s domestic partner. These incidents included heated verbal disputes, arguments where property was damaged, shoving matches, and a situation where the close family member wielded a loaded shotgun in the presence of police officers. During many of these incidents, the close family member was intoxicated; in several others, the close family member threatened suicide. These incidents provided a rational basis for denying the petitioner’s application … . Moreover, the petitioner’s rationale for not disclosing these incidents to the PLS—that the close family member was not a member of the petitioner’s “household” because the close family member lived in an allegedly private basement apartment in the petitioner’s home—was misleading and provided a “rational basis for the [PLS] to conclude that [the] petitioner did not meet the good moral character standard” … . Matter of Franzese v Ryder, 2021 NY Slip Op 07285, Second Dept 12-22-21

 

You might also like
PLAINTIFF WAS WALKING IN THE CROSSWALK WHEN SHE WAS STRUCK BY DEFENDANT’S BUS MAKING A RIGHT TURN; PLAINTIFF’S MOTION FOR SUMMARY JUDGMENT WAS NOT PREMATURE AND SHOULD HAVE BEEN GRANTED (SECOND DEPT).
PLAINTIFF SOUGHT ONLY CANCELLATION OF A MORTGAGE; THE JUDGE SHOULD NOT HAVE, SUA SPONTE, CANCELLED THE NOTE AS WELL (SECOND DEPT).
STATUTE OF FRAUDS (GENERAL OBLIGATIONS LAW) REQUIREMENTS FOR A CONTRACT TO NEGOTIATE A BUSINESS OPPORTUNITY NOT MET, PART PERFORMANCE NOT APPLICABLE.
SNOW-REMOVAL EFFORTS NOT PARTICULARIZED, SCHOOL DISTRICT’S MOTION FOR SUMMARY JUDGMENT IN THIS SLIP AND FALL CASE PROPERLY DENIED (SECOND DEPT).
Child’s Out-of-Court Statements Not Sufficiently Corroborated for Admission Into Evidence
Evidence Defendant Had Victimized Other Children Justified Upward Departure in SORA Proceeding
Defective Handrail Could Have Been Factor in Plaintiff’s Injuries.
Police Violated Defendant’s Constitutional Rights by Pushing Door Open and Entering Apartment When Defendant Answered the Door—The “Payton” Violation (a Warrantless Arrest Inside Home) Mandated Suppression of Defendant’s Statement

Categories

Sign Up for the Mailing List to Be Notified When the Site Is Updated.

  • This field is for validation purposes and should be left unchanged.

Copyright © 2026 New York Appellate Digest, Inc.
Site by CurlyHost | Privacy Policy

PLAINTIFF WAS STRUCK BY A TRAIN; THE “OPEN RUN” DEFENSE ALLOWS A... WITH RESPECT TO THE IDENTIFICATION OF THE DEFENDANT BY A WITNESS TO THE CRIME:...