IN RE: John P. FORTUNIEWICZ (2008)

Proceeding pursuant to CPLR article 78, inter alia, to review a determination of the respondent Jeffrey A. Cohen, dated February 25, 2008, which, upon renewal, adhered to his prior determination dated October 31, 2007, denying the petitioner's application for a pistol permit.

ADJUDGED that the petition is denied and the proceeding is dismissed on the merits, with costs.

 Penal Law § 400.00(1) provides, inter alia, that no firearm license shall be issued until after an investigation and a finding that all statements on the application are true.   A county licensing officer has broad discretionary authority in determining whether to issue a permit (see Matter of Denora v. Safir, 274 A.D.2d 478, 711 N.Y.S.2d 900;  Matter of Parker v. Nastasi, 97 A.D.2d 547, 467 N.Y.S.2d 906, affd. 62 N.Y.2d 714, 476 N.Y.S.2d 538, 465 N.E.2d 45).   Here, the petitioner undisputedly failed to disclose a prior arrest and prior conviction in his application for a pistol permit.   As such, the respondent Jeffrey A. Cohen, a County Court Judge acting in his administrative capacity as the county licensing officer (see Penal Law § 265.00[10] ), did not act arbitrarily or capriciously in denying the petitioner's application based on those untruths (see Penal Law § 400.00 [1];  Matter of Gonzalez v. Lawrence, 36 A.D.3d 807, 831 N.Y.S.2d 180;  Matter of Papineau v. Martusewicz, 35 A.D.3d 1214, 825 N.Y.S.2d 630;  Matter of Hanna v. Police Dept. of County of Nassau, 205 A.D.2d 689, 613 N.Y.S.2d 668;  Matter of Conciatori v. Brown, 201 A.D.2d 323, 607 N.Y.S.2d 46;  Matter of Westfall v. Lange, 175 A.D.2d 290, 572 N.Y.S.2d 739;  Matter of Willis v. Treder, 127 A.D.2d 667, 512 N.Y.S.2d 1).

The petitioner's remaining contentions are without merit.