Reset A A Font size: Print

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

IN RE: John P. FORTUNIEWICZ, petitioner, v. Jeffrey A. COHEN, respondent.

Decided: September 23, 2008

DAVID S. RITTER, J.P., HOWARD MILLER, MARK C. DILLON, and WILLIAM E. McCARTHY, JJ. Charles A. Giulini, Jr., New York, N.Y., for petitioner. Andrew M. Cuomo, Attorney General, New York, N.Y. (Susan Anspach of counsel), for respondent.

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.

Copied to clipboard