Opinion
326 OP 20-00844
07-09-2021
In the Matter of David M. BLY, Petitioner, v. Hon. M. William BOLLER, Acting Supreme Court Justice, Respondent.
DIPASQUALE & CARNEY, LLP, BUFFALO (JASON R. DIPASQUALE OF COUNSEL), FOR PETITIONER. LETITIA JAMES, ATTORNEY GENERAL, ALBANY (OWEN DEMUTH OF COUNSEL), FOR RESPONDENT.
DIPASQUALE & CARNEY, LLP, BUFFALO (JASON R. DIPASQUALE OF COUNSEL), FOR PETITIONER.
LETITIA JAMES, ATTORNEY GENERAL, ALBANY (OWEN DEMUTH OF COUNSEL), FOR RESPONDENT.
PRESENT: CENTRA, J.P., PERADOTTO, CURRAN, WINSLOW, AND DEJOSEPH, JJ.
MEMORANDUM AND ORDER
It is hereby ORDERED that the determination is unanimously confirmed without costs and the petition is dismissed.
Memorandum: Petitioner commenced this original CPLR article 78 proceeding pursuant to CPLR 506 (b) (1) seeking to annul the determination of respondent denying petitioner's application for a firearms license. Contrary to petitioner's contention, the determination is not arbitrary and capricious. "A licensing officer has broad discretion in determining whether to grant or deny a permit under Penal Law § 400.00 (1)" ( Matter of Papineau v. Martusewicz , 35 A.D.3d 1214, 1214, 825 N.Y.S.2d 630 [4th Dept. 2006] ; see Matter of Bly v. Boller , 164 A.D.3d 1618, 1618, 82 N.Y.S.3d 780 [4th Dept. 2018] ). Here, petitioner failed to report three prior arrests on his application, and "[t]he failure of [a] petitioner to report on his [or her] application [a] prior arrest[ ] provide[s] a sufficient basis to deny the application" ( Papineau , 35 A.D.3d at 1214, 825 N.Y.S.2d 630 ; see Bly , 164 A.D.3d at 1618, 82 N.Y.S.3d 780 ; Matter of DiMonda v. Bristol , 219 A.D.2d 830, 830, 631 N.Y.S.2d 968 [4th Dept. 1995] ).