IN RE: Application of Robert N. HAUCK (2001)

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

IN RE: Application of Robert N. HAUCK, Petitioner-Appellant, For a Judgment, etc., v. Howard SAFIR, etc., Respondent-Respondent.

Decided: April 26, 2001

ROSENBERGER, J.P., MAZZARELLI, ANDRIAS, ELLERIN and LERNER, JJ.

Jerold E. Levine, for Petitioner-Appellant. Margaret G. King, for Respondent-Respondent.

Order, Supreme Court, New York County (Phyllis Gangel-Jacob, J.), entered March 17, 2000, which denied and dismissed the petition pursuant to CPLR article 78 to annul respondent's revocation of petitioner's rifle/shotgun permit and target pistol license, unanimously affirmed, without costs.

Substantial testimonial and documentary evidence that petitioner, a licensed plumber, made harassing phone calls to an elderly woman in which he threatened her property, and made her fear for her safety if she did not pay a disputed bill issued by petitioner, supports respondent's revocation of petitioner's gun permits. In light of such evidence, we find no abuse of discretion by respondent (Matter of Fondacaro v. Kelly, 234 A.D.2d 173, 177, 652 N.Y.S.2d 604, lv. denied 89 N.Y.2d 812, 657 N.Y.S.2d 405, 679 N.E.2d 644).

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