IN RE: STEPHEN F. GUTHMANN (2025)

MEMORANDUM AND ORDER

It is hereby ORDERED that said appeal is unanimously dismissed without costs.

Memorandum: Respondent appeals from an order that, inter alia, revoked respondent's pistol license. “The appropriate procedure for the review of a determination of a County Court Judge, acting in [their] administrative capacity as the firearms licensing officer for the County of [Onondaga] under Penal Law § 400.00 (11) and § 265.00 (10), is not a direct appeal, but the commencement of a CPLR article 78 proceeding in this Court” (Matter of Shuler, 67 AD3d 1020, 1020 [2d Dept 2009]; see CPLR 506 [b] [1]; 7801; Matter of Wiegand v Crandall, 118 AD3d 1355, 1356 [4th Dept 2014]; Matter of Dalton v Drago, 72 AD3d 1243, 1243 [3d Dept 2010]). The appeal “cannot be converted into an original proceeding commenced in this Court since the County Court Judge who made the determination is a necessary party and was not named or served” (Shuler, 67 AD3d at 1020; see Matter of Panaro [County of Westchester], 250 AD2d 616, 616-617 [2d Dept 1998]; Matter of County of Westchester v D'Ambrosio, 244 AD2d 334, 334-335 [2d Dept 1997]). We therefore dismiss the appeal (see Shuler, 67 AD3d at 1020; Panaro, 250 AD2d at 617; D'Ambrosio, 244 AD2d at 334).

Entered: April 25, 2025

Ann Dillon Flynn

Clerk of the Court