N IN RE: Jimmy Baldea (2021)

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

N IN RE: Jimmy Baldea, American Resources & Strategies Inc., Petitioner–Appellant, v. City of New York License Division of the NYPD, Respondent–Respondent. Index No.

1393 3

Decided: May 27, 2021

Kapnick, J.P., Mazzarelli, Moulton, Mendez, JJ.

Case No.2020–01177

Jimmy Baldea, appellant pro se.

James E. Johnson, Corporation Counsel, New York (Tahirih M. Sadrieh of counsel), for respondent.

Judgment (denominated an order), Supreme Court, New York County (Carol R. Edmead, J.), entered November 27, 2019, denying the petition to annul the determination of respondent City of New York Police Department License Division, dated May 8, 2019, which denied petitioner's renewal application for an unrestricted business carry license, and dismissing the proceeding brought pursuant to CPLR article 78, unanimously affirmed, without costs.

The court properly determined that the denial of petitioner's renewal application was not arbitrary and capricious. Respondent rationally concluded that petitioner's application did not establish “proper cause” within the meaning of Penal Law § 400.00,

in the absence of documentation substantiating threats to petitioner personally (see 38 RCNY 5–03; Matter of Martinek v. Kerik, 294 A.D.2d 221, 221–222 [1st Dept 2002], lv denied 98 N.Y.2d 613 [2002] ).

We have considered petitioner's remaining arguments and find them unavailing.

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