IN RE: BOHDAN S. CHOMYN (2016)

Supreme Court, Appellate Division, Fourth Department.

IN RE: BOHDAN S. CHOMYN, PETITIONER, v. M. WILLIAM BOLLER, AN ACTING SUPREME COURT JUSTICE IN HIS CAPACITY AS LICENSING OFFICER FOR PISTOL PERMITS IN ERIE COUNTY, CHRISTOPHER L. JACOBS, AS ERIE COUNTY CLERK, AND WILLMER FOWLER, JR., IN HIS CAPACITY AS PISTOL PERMIT SUPERVISOR, ERIE COUNTY CLERK'S OFFICE, RESPONDENTS.

OP 15–01306

Decided: March 25, 2016

PRESENT: SMITH, J.P., PERADOTTO, NEMOYER, CURRAN, AND SCUDDER, JJ.

JAMES OSTROWSKI, BUFFALO, FOR PETITIONER. ERIC T. SCHNEIDERMAN, ATTORNEY GENERAL, ALBANY (FRANK BRADY OF COUNSEL), FOR RESPONDENT M. WILLIAM BOLLER, AN ACTING SUPREME COURT JUSTICE IN HIS CAPACITY AS LICENSING OFFICER FOR PISTOL PERMITS IN ERIE COUNTY. MICHAEL A. SIRAGUSA, COUNTY ATTORNEY, BUFFALO (JEREMY C. TOTH OF COUNSEL), FOR RESPONDENTS CHRISTOPHER L. JACOBS, AS ERIE COUNTY CLERK, AND WILLMER FOWLER, JR., IN HIS CAPACITY AS PISTOL PERMIT SUPERVISOR, ERIE COUNTY CLERK'S OFFICE.

MEMORANDUM AND ORDER

Proceeding pursuant to CPLR article 78 (initiated in the Appellate Division of the Supreme Court in the Fourth Judicial Department pursuant to CPLR 506 [b][1] ) to review a determination of respondents. The determination revoked petitioner's pistol permit.

It is hereby ORDERED that the determination is unanimously confirmed without costs and the petition is dismissed.

Memorandum: Petitioner commenced this CPLR article 78 proceeding seeking, inter alia, to annul the determination revoking his pistol permit. We reject the contention of petitioner that he was denied his right to due process. “ ‘It is well settled that a formal hearing is not required prior to the revocation of a pistol permit [where, as here,] the licensee is given notice of the charges and has an adequate opportunity to submit proof in response’ “ (Matter of Cuda v. Dwyer, 107 AD3d 1409, 1409; see Matter of Strom v Erie County Pistol Permit Dept., 6 AD3d 1110, 1111).

Frances E. Cafarell

Clerk of the Court

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