Opinion
13618 Index No. 161856/19 Case No. 2020-02998
04-20-2021
In the Matter of John GIRANDOLA, Petitioner–Appellant, v. Dermot F. SHEA etc., et al., Respondents–Respondents.
Tilem & Associates, PC, White Plains (Robert M. Schechter of counsel), for appellant. James E. Johnson, Corporation Counsel, New York (Claibourne Henry of counsel), for respondents.
Tilem & Associates, PC, White Plains (Robert M. Schechter of counsel), for appellant.
James E. Johnson, Corporation Counsel, New York (Claibourne Henry of counsel), for respondents.
Webber, J.P., Kern, Oing, Gonza´lez,JJ.
Judgment (denominated an order), Supreme Court, New York County (Melissa A. Crane, J.), entered May 27, 2020, denying the petition to annul the determination of respondent City of New York Police Department License Division, dated August 7, 2019, which denied petitioner's administrative appeal of the denial of his Special Carry Business handgun license renewal application, and dismissing the proceeding brought pursuant to CPLR article 78, unanimously affirmed, without costs.
The court properly determined that the denial of petitioner's application was not arbitrary and capricious. Respondents rationally concluded that petitioner's renewal application did not establish "proper cause" within the meaning of Penal Law § 400.00(2)(f) (see 38 RCNY 5–03; Matter of Martinek v. Kerik, 294 A.D.2d 221, 221–222, 743 N.Y.S.2d 80 [1st Dept. 2002], lv denied 98 N.Y.2d 613, 749 N.Y.S.2d 475, 779 N.E.2d 186 [2002] ; Matter of Kaplan v. Bratton, 249 A.D.2d 199, 201, 673 N.Y.S.2d 66 [1st Dept. 1998] ). Respondents also rationally concluded that petitioner's renewal application was not substantially similar to his previous application.
The court properly determined that the proper cause requirement does not violate the Second Amendment (see Matter of Corbett v. City of New York, 160 A.D.3d 415, 416, 73 N.Y.S.3d 568 [1st Dept. 2018], lv denied 31 N.Y.3d 913, 2018 WL 3151743 [2018] ; see also Kachalsky v. County of Westchester, 701 F.3d 81, 96–97 [2d Cir. 2012], cert denied 569 U.S. 918, 133 S.Ct. 1806, 185 L.Ed.2d 812 [2013] ).
We have considered petitioner's remaining arguments and find them unavailing.