Opinion
3029.
Decided March 4, 2004.
Judgment, Supreme Court, New York County (Leland DeGrasse, J.), entered October 30, 2003, which denied petitioner's application to annul respondent Police Department's denial of petitioner's application for a rifle/shotgun permit, unanimously affirmed, without costs.
Bert H. Nisonoff, for Petitioner-Appellant.
Dona B. Morris, for Respondent-Respondent.
Before: Nardelli, J.P., Andrias, Sullivan and Lerner, JJ.
The permit was properly denied on the basis of the circumstances surrounding petitioner's prior arrest for assault (38 RCNY 3-03[a]). That the charges against petitioner were adjourned in contemplation of dismissal and eventually dismissed does not disqualify the circumstances surrounding the arrest from consideration ( see Matter of Abramowitz v. Safir, 293 A.D.2d 352; Matter of Servedio v. Bratton, 268 A.D.2d 356).
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.