IN RE: Application of Robert HERNANDEZ (2001)

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

IN RE: Application of Robert HERNANDEZ, Petitioner-Appellant, For a Judgment, etc., v. Howard SAFIR, etc., et al., Respondents-Respondents.

Decided: March 01, 2001

ROSENBERGER, J.P., ANDRIAS, WALLACH, RUBIN and BUCKLEY, JJ.

Alan E. Wolin, for Petitioner-Appellant. Alan G. Krams, for Respondents-Respondents.

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.

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