IN RE: Application of Charles DALE (2001)

Supreme Court, Appellate Division, First Department, New York.

IN RE: Application of Charles DALE, Jr., Petitioner-Appellant, For a Judgment, etc., v. Howard SAFIR, etc., Respondent-Respondent.

Decided: May 15, 2001

NARDELLI, J.P., WILLIAMS, ELLERIN, LERNER and SAXE, JJ.

Susan Courtney Chambers, for Petitioner-Appellant. Elizabeth S. Natrella, for Respondent.

Judgment, Supreme Court, New York County (Diane Lebedeff, J.), entered June 26, 2000, which denied petitioner's application to annul respondent Police Commissioner's denial of petitioner's application for a premises pistol license with target endorsement, and dismissed the petition, unanimously affirmed, without costs.

We hold that there is a rational relationship between petitioner's 1993 acts of public lewdness at the age of 31, resulting in two arrests, a conviction and an order of protection, and the “good moral character” required by Penal Law § 400.00(1)(b) for issuance of the target pistol license that petitioner seeks (cf., Matter of Hines v. Kelly, 222 A.D.2d 277, 635 N.Y.S.2d 31, lv. denied 87 N.Y.2d 810, 642 N.Y.S.2d 859, 665 N.E.2d 661).

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