Opinion
September 9, 1985
Appeal from the County Court, Westchester County (Colabella, J.).
Determination annulled, on the law, without costs or disbursements, and matter remitted to the County Court, Westchester County, for a hearing de novo.
While a formal adversarial hearing is not required before a pistol license is revoked, the licensee must be given notice of the charges and evidence against him, and be given an opportunity to appear with his lawyer to rebut the charges ( Matter of St.-Oharra v Colucci, 67 A.D.2d 1104). In the instant case, there is no way of knowing whether such requirements were complied with because the file from the County Court has been misplaced. Therefore, a new hearing is required. Brown, J.P., Niehoff, Rubin and Lawrence, JJ., concur.