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Matter of Davis v. Clyne

Appellate Division of the Supreme Court of New York, Third Department
Feb 17, 1977
56 A.D.2d 692 (N.Y. App. Div. 1977)

Opinion

February 17, 1977


Proceeding pursuant to CPLR article 78 (brought on in this court [CPLR 506, subd (b), par 1]) to review a determination of respondent which denied petitioner's application for a pistol permit. On April 7, 1975 petitioner made written application to respondent for a license to carry a pistol for purposes of hunting and target shooting. On May 19, 1976 respondent denied the application by writing in that portion of the form reserved for his signature the word "disapproved". There is no record. While issuance or denial of a license to carry a pistol (Penal Law, § 400.00) is within the discretion of a licensing officer, the exercise thereof is not beyond review. Herein, in the absence of any record, the matter must be remitted with the instruction that respondent articulate the reasons for denial of petitioner's application (see Matter of Guida v Dier, 84 Misc.2d 110, affd 54 A.D.2d 86). Decision withheld and matter remitted to the County Judge for further proceedings not inconsistent herewith. Sweeney, J.P., Mahoney, Main, Larkin and Herlihy, JJ., concur.


Summaries of

Matter of Davis v. Clyne

Appellate Division of the Supreme Court of New York, Third Department
Feb 17, 1977
56 A.D.2d 692 (N.Y. App. Div. 1977)
Case details for

Matter of Davis v. Clyne

Case Details

Full title:In the Matter of MARILYN F. DAVIS, Petitioner, v. JOHN J. CLYNE, as Albany…

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

Date published: Feb 17, 1977

Citations

56 A.D.2d 692 (N.Y. App. Div. 1977)

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