From Casetext: Smarter Legal Research

Matter of Buffa v. Police Dept. of Suffolk Cty

Appellate Division of the Supreme Court of New York, Second Department
Mar 24, 1975
47 A.D.2d 841 (N.Y. App. Div. 1975)

Opinion

March 24, 1975


Proceeding pursuant to CPLR article 78 to annul a determination of the County Court, Suffolk County, dated May 10, 1971, which revoked petitioner's pistol license. Petition granted and determination annulled, on the law, without costs, and matter remanded to the County Court for the taking of further proof and the making of a new determination. In the interim, the license shall remain inoperative. The only reason given for revocation of the license was the withdrawal of Police Department approval. This record lacks substantial evidence to support the revocation, but, being aware of the serious consequences which may flow from restoration of the license, we remand the matter to the County Court for further supportive evidence, if any, rather than direct restoration of the license forthwith (Matter of Falk v City of New York, 41 A.D.2d 530; see Matter of Barton Trucking Corp. v O'Connell, 7 N.Y.2d 299). Martuscello, Acting P.J., Latham, Cohalan and Brennan, JJ., concur; Munder, J., not voting.


Summaries of

Matter of Buffa v. Police Dept. of Suffolk Cty

Appellate Division of the Supreme Court of New York, Second Department
Mar 24, 1975
47 A.D.2d 841 (N.Y. App. Div. 1975)
Case details for

Matter of Buffa v. Police Dept. of Suffolk Cty

Case Details

Full title:In the Matter of IGNATIUS BUFFA, Petitioner, v. POLICE DEPARTMENT OF…

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

Date published: Mar 24, 1975

Citations

47 A.D.2d 841 (N.Y. App. Div. 1975)

Citing Cases

Pignataro v. Cacace

We reject the petitioner's claim that the respondent unlawfully abdicated her decision-making authority to…

Matter of Savitch v. Lange

This reason does not constitute a specific reason for the denial of the application (Penal Law § 400.00…