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.