Matter of Leto v. Mulvey

Petitioner, John Leto, brought about this Article 78 case to get the Court to annul the Nassau County Police Department’s (NCPD) decision to revoke his pistol license and reinstate his license. Leto was issued a Nassau County Pistol License in July of 2004. He lost his pistol license after a series of altercations with his ex-girlfriend that resulted in his arrest and an order of protection being issued.

On November 6, 2004, Petitioner followed his ex-girlfriend, Donna Composto, in his motor vehicle and repeatedly cut her off in traffic. He then called her on her cell phone and made inappropriate remarks. When Ms. Composto reached her destination, Petitioner harassed her in the parking lot, inside at the event she was attending, and after the event when Ms. Composto returned to her vehicle, he threatened her with a gun. Ms. Composto complained to the NCPD resulting in Leto’s arrest, an order of protection against him, and a suspension of his pistol license. In March 2005, Petitioner violated the order of protection and was arrest and charged with second degree criminal contempt.

Petitioner’s pistol license was revoked in March of 2007. Petitioner denied any wrong doing and submitted into evidence a letter from Ms. Composto recanting her prior accusation that Leto displayed a firearm on the evening of November 6, 2004. Petitioner argued that no weight should be given to the allegations of his ex-girlfriend due to the recantation letter and that he otherwise had a clean record. Petitioner also relied heavily on Schneider v. Mulvey where the Court vacated the NCPD’s revocation of a pistol license because petitioner was unable to cross examine a witness at his hearing. The Court argued that Petitioner was not denied the right to confront and cross examine Ms. Composto at the hearing. She was not in court because she was out of town. Petitioner could have given her a subpoena to appear in court or sought an adjournment.

Accordingly, the Court found the respondent’s determination to revoke Petitioner’s pistol license to be rational and neither arbitrary nor capricious.