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Matter of Dixie v. Mulroy

Appellate Division of the Supreme Court of New York, Fourth Department
Jun 9, 1995
216 A.D.2d 947 (N.Y. App. Div. 1995)

Opinion

June 9, 1995

Present — Green, J.P., Pine, Fallon, Callahan and Davis, JJ.


Determination unanimously confirmed without costs and petition dismissed. Memorandum: We reject respondent's contention that this proceeding was not timely commenced. Petitioner was entitled to appear with counsel and be heard on his request for reinstatement of his pistol license (see, Matter of Gordon v LaCava, 203 A.D.2d 290; Matter of Demchik v. Hannigan, 182 A.D.2d 1133; Matter of Burke v. Colabella, 113 A.D.2d 794). The determination was not "final and binding" upon petitioner until respondent denied that request (CPLR 217).

Respondent's denial of the request for reinstatement, based upon petitioner's failure to provide timely notification of a change of residence (see, Penal Law § 400.00), did not constitute an abuse of discretion and is neither arbitrary nor capricious (see, Matter of Simon v. Hannigan, 214 A.D.2d 1031; Matter of Eddy v. Kirk, 195 A.D.2d 1009, 1010-1011, affd 83 N.Y.2d 919).


Summaries of

Matter of Dixie v. Mulroy

Appellate Division of the Supreme Court of New York, Fourth Department
Jun 9, 1995
216 A.D.2d 947 (N.Y. App. Div. 1995)
Case details for

Matter of Dixie v. Mulroy

Case Details

Full title:In the Matter of DINO M. DIXIE, Petitioner, v. J. KEVIN MULROY, as…

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

Date published: Jun 9, 1995

Citations

216 A.D.2d 947 (N.Y. App. Div. 1995)
629 N.Y.S.2d 349