Posted on August 11, 2009 by Kevin Sheerin

Article 78 petition fighting pistol license revocation denied

Matter of Mark Biggerstaff v Judge Karen A. Drago

Petitioner, Mark Biggerstaff, filed an Article 78 to review a determination of the respondent, Judge Karen A. Drago. When Petitioner was arrested on multiple charges stemming from his operation of a motor vehicle while intoxicated, Respondent decided to revoke Petitioner’s pistol license. The Court ruled that the Respondent’s determination was neither an abuse of her power or arbitrary and capricious. 

Read the rest of this Article 78 pistol license decision here.

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

For other interesting information in the personal injury file go to www.negligenceatty.com.

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Posted on September 10, 2008 by Kevin Sheerin

Article 78 appeal to review revoked pistol license granted

Matter of Schneider v. Mulvey

Petitioner brought about this article 78 proceeding to review the determination of and vacate the revocation of his pistol license and reinstate it on the grounds that the decision was arbitrary and capricious.

 

The officer who filed the initial complaint that resulted in the pistol permit revocation failed to attend Petitioner’s hearing. Additionally, the Hearing Officer refused to allow Petitioner’s attorney to cross-examine the witnesses. The Petitioner must be given the opportunity to confront and cross-examine witnesses as is entitled to him in his right to due process.

 

Accordingly, the Court vacated Respondent’s determination and referred the matter to the Nassau County Police Department to conduct a de novo hearing with the right of cross-examination.

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