IN RE: Application of Patrick AUSTIN (2001)

Judgment, Supreme Court, New York County (Barbara Kapnick, J.), entered February 2, 2000, which denied and dismissed the petition brought pursuant to CPLR article 78 to annul respondent's disapproval of petitioner's pistol license application, unanimously affirmed, without costs.

Respondent's determination disapproving petitioner's application for a pistol license was properly left undisturbed by the article 78 court.   Given petitioner's history of cerebral vascular episodes and his present physical limitations which might impair his ability to use a firearm safely, the challenged pistol license application disapproval was entirely rational and consistent with respondent's role in protecting the public (see, Matter of Harris v. Codd, 57 A.D.2d 778, 779, 394 N.Y.S.2d 210, affd. 44 N.Y.2d 978, 408 N.Y.S.2d 501, 380 N.E.2d 327;  Iacono v. Police Dept. of the City of New York, 204 A.D.2d 225, 226, 612 N.Y.S.2d 140, lv. denied 85 N.Y.2d 848, 624 N.Y.S.2d 366, 648 N.E.2d 786).