Matter of Conciatori v. Brown

Full title: In the Matter of ANTHONY CONCIATORI, Appellant, v. LEE P. BROWN, as Police…

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

Date published: Feb 10, 1994

201 A.D.2d 323 (N.Y. App. Div. 1994)

607 N.Y.S.2d 46

Opinion

February 10, 1994

Appeal from the Supreme Court, New York County (Alice Schlesinger, J.).

We agree with the IAS Court that petitioner's false statement on the application that he had never been arrested was by itself a sufficient ground to deny the application (Penal Law § 400.00), and that, in any event, petitioner failed to demonstrate "proper cause," i.e., a special need for the license distinguishable from that of other persons similarly situated (Matter of Bernstein v. Police Dept., 85 A.D.2d 574). We also find that petitioner was timely notified of the reasons for the denial of his application.

Concur — Murphy, P.J., Sullivan, Ross, Rubin and Tom, JJ.