IN RE: Hector L. SANCHEZ (2006)

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

IN RE: Hector L. SANCHEZ, Petitioner-Appellant, v. Raymond KELLY, as the Statutorily Designated Handgun Licensing Officer, and as the Police Commissioner of the City of New York, etc., Respondent-Respondent.

Decided: November 09, 2006

TOM, J.P., MARLOW, SULLIVAN, McGUIRE, MALONE, JJ.

The Law Offices of John S. Chambers & Associates, New York (John S. Chambers of counsel), for appellant. Michael A. Cardozo, Corporation Counsel, New York (Ann E. Scherzer of counsel), for respondent.

Order and judgment (one paper), Supreme Court, New York County (Kibbie F. Payne, J.), entered January 28, 2005, which denied the petition and dismissed the proceeding brought pursuant to CPLR article 78 to annul respondent's determination denying petitioner's application for a handgun license, unanimously affirmed, without costs.

In altering the standard form pistol permit application so as to style his application as one for a “Carry Target” license, petitioner sought a type of license that had been properly discontinued (see Matter of Murad v. City of New York, 12 A.D.3d 193, 783 N.Y.S.2d 585 [2004], lv. denied 4 N.Y.3d 708, 796 N.Y.S.2d 581, 829 N.E.2d 674 [2005]; Matter of de Illy v. Kelly, 6 A.D.3d 217, 775 N.Y.S.2d 256 [2004] ). Accordingly, respondent rationally declined to issue the permit sought.

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