IN RE: Application of Robert HERNANDEZ (2001)

Judgment, Supreme Court, New York County (Emily Goodman, J.), entered December 29, 1999, which denied petitioner's application to annul respondent Police Department's determination denying petitioner a pistol license, and dismissed the petition, unanimously affirmed, without costs.

Respondent's rejection of petitioner's 1998 application for a license permitting him to carry a pistol, a condition of petitioner's continued employment as a security officer at a private housing development, was rationally based on good cause (Penal Law § 400.00[1][g]), including two psychological evaluations of petitioner performed by respondent's psychologists in 1987 and 1993 in connection with petitioner's rejected job applications to become a police officer (see, Matter of Gutierrez v. Safir, 280 A.D.2d 263, 721 N.Y.S.2d 7).   We reject petitioner's argument that respondent's reliance on such evaluations holds him to a higher standard than other pistol license applicants.