IN RE: John ULLAH

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

IN RE: John ULLAH, Petitioner-Appellant, v. Raymond KELLY, as Statutorily Designated Handgun Licensing Officer, and as Police Commissioner of the City of New York, etc., Respondent-Respondent.

Decided: May 18, 2006

TOM, J.P., SAXE, NARDELLI, GONZALEZ, CATTERSON, JJ. Law Offices of John S. Chambers, New York (John S. Chambers of counsel), for appellant. Michael A. Cardozo, Corporation Counsel, New York (Scott Shorr of counsel), for respondent.

Order, Supreme Court, New York County (Michael D. Stallman, J.), entered January 20, 2005, which denied the petition brought pursuant to CPLR article 78 to annul respondent's determination, dated April 26, 2004, denying petitioner's application for a premises residence firearm license, unanimously affirmed, without costs.

In view of the uncontested evidence that, after allowing his firearms license to lapse in 1996, petitioner illegally possessed firearms in his home for some 7 years, it cannot be said that respondent Commissioner's determination that petitioner lacked the good judgment, character and fitness to qualify for a premises residence firearms license was arbitrary and capricious or an abuse of the Commissioner's broad discretion (see Matter of Hughes v. Doherty, 5 N.Y.3d 100, 105, 800 N.Y.S.2d 85, 833 N.E.2d 228 [2005];  Matter of Acosta v. Kelly, 7 A.D.3d 392, 392-393, 776 N.Y.S.2d 466 [2004], lv. denied 3 N.Y.3d 606, 785 N.Y.S.2d 24, 818 N.E.2d 666 [2004] ).   While we recognize petitioner's admirable military service and employment history, they are insufficient to demonstrate that the denial of his application for a new license was not rationally based (see Matter of Wong v. Kelly, 12 A.D.3d 213, 784 N.Y.S.2d 95 [2004], lv. denied 4 N.Y.3d 708, 796 N.Y.S.2d 581, 829 N.E.2d 674 [2005];  Matter of Nash v. Police Dept. of the City of New York, 271 A.D.2d 384, 384-385, 708 N.Y.S.2d 61 [2000] ).