New York Civil Service Attorney Law Blog : New York Civil Service Lawyer & Attorney : Kevin P. Sheerin : Article 78 : Serving New York City, Long Island, Manhattan, Bronx, Brooklyn, Queens, Staten Island

Application for Pistol License Denied Due to Criminal History

In the Matter of Ralph Velez, Jr. v Robert M DiBella

Pursuant to Article 78, petitioner appealed a determination by the respondent denying his application for a pistol license.

According to Penal Law § 400.00(1), to be eligible for a pistol license, the applicant must be at least 21 years of age, have good moral character with no prior felony convictions or any other serious offense and there must be no good cause for denial of the license. Also, the pistol licensing officer may use his broad discretion and deny any applicant for any good cause.

Due to the petitioner’s criminal history, which consisted of six arrests and a conviction for disorderly conduct, the respondent determined that good cause existed to deny his application. Even though five of the six arrests were dismissed or resolved, the respondent still considered the circumstances surrounding each arrest.

Petitioner claims that the respondent acted improperly handing over his decision-making authority to the Westchester Department of Public Safety. However, the Westchester Department of Public Safety only provided the respondent with a recommendation of denial. In the respondent’s written decision, it clearly shows that the Department’s recommendation was not the sole basis for denying the petitioner’s application for a pistol license.

The court denied the petition and dismissed the proceeding without costs or disbursements.

Read more about this Article 78 case here.

To read about more Article 78 cases go to http://www.sheerinlaw.com/?id=78

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In the Matter of Kyle P. McDonell v New York State Department of Motor Vehicles, et al.

In this Article 78 proceeding, petitioner asked the court to review a determination suspending his license for refusal to submit to a chemical test.

McDonell was stopped by a NYS Trooper because he accelerated while turning onto an entrance ramp for an interstate highway causing his vehicle to fishtail. The Trooper’s sole basis for stopping McDonell was his belief that McDonell violated VTL § 1162. This law forbids dangerously moving a stopped, standing or parked vehicle unless it can be made with safety. Petitioner was taken into custody because of the Trooper’s belief that the petitioner was under the influence while operating the vehicle. Soon thereafter, because the petitioner refused to submit to a chemical test, his license was suspended.

VTL § 1194 (2) (c), in a refusal revocation hearing, the law judge concluded that the Trooper lawfully arrested the petitioner. However, the court agreed with the petitioner’s contention that he had not been stopped, standing or parked before the Trooper stopped the vehicle. It was held that it was an illegal stop based on VTL § 1162.

The refusal suspension was annulled based on the improper stop.

Read more about this Article 78 case here.

To read about more Article 78 cases go to http://www.sheerinlaw.com/?id=78.

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As reported by Lisa Colangelo of the NY Daily News the list for Sanitation Worker will be extended.  She notes only slightly more than 200 workers have been hired from the list and none since 2008.  Read her article here 

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