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Matter of Wrona v. Donovan

Appellate Division of the Supreme Court of New York, Second Department
Jun 28, 1982
88 A.D.2d 998 (N.Y. App. Div. 1982)

Summary

In Matter of Wrona v Donovan (88 A.D.2d 998) the Second Department held, "[b]y virtue of the fact that petitioner's employment requires him to carry a gun (he guards cash payrolls), due process requires a hearing on whether his pistol permit should be revoked".

Summary of this case from Matter of Augat v. Dowling

Opinion

June 28, 1982


Proceeding pursuant to CPLR article 78 to, inter alia, review a determination dated March 11, 1981, which revoked petitioner's pistol permit. Respondent Samuel S. Yasgur, County Attorney, moved to dismiss the proceeding. By order dated September 28, 1981, this court remitted the matter to the Supreme Court, Westchester County, to hear and report on the issue of the timeliness of the proceeding. The proceeding and motion were held in abeyance in the interim. Special Term has now complied. Petition granted to the extent that the determination is annulled, on the law, without costs or disbursements, and matter remitted to the Supreme Court, Westchester County, for a hearing and determination consistent herewith. The motion to dismiss is denied. By virtue of the fact that petitioner's employment requires him to carry a gun (he guards cash payrolls), due process requires a hearing on whether his pistol permit should be revoked. Gibbons, J.P., Weinstein, Gulotta and Thompson, JJ., concur.


Summaries of

Matter of Wrona v. Donovan

Appellate Division of the Supreme Court of New York, Second Department
Jun 28, 1982
88 A.D.2d 998 (N.Y. App. Div. 1982)

In Matter of Wrona v Donovan (88 A.D.2d 998) the Second Department held, "[b]y virtue of the fact that petitioner's employment requires him to carry a gun (he guards cash payrolls), due process requires a hearing on whether his pistol permit should be revoked".

Summary of this case from Matter of Augat v. Dowling
Case details for

Matter of Wrona v. Donovan

Case Details

Full title:In the Matter of DENNIS J. WRONA, Petitioner, v. W. DENIS DONOVAN et al.…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Jun 28, 1982

Citations

88 A.D.2d 998 (N.Y. App. Div. 1982)

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