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Matter of Goldberg v. Edelstein

Appellate Division of the Supreme Court of New York, Second Department
Apr 30, 1984
100 A.D.2d 968 (N.Y. App. Div. 1984)

Opinion

April 30, 1984


Proceeding pursuant to CPLR article 78, inter alia, to review a determination of the respondent dated April 15, 1983, which, after a hearing, revoked petitioner's license to carry a pistol. ¶ Determination confirmed and proceeding dismissed on the merits, without costs or disbursements. ¶ Petitioner left a fully loaded, .357 Magnum revolver on a hook in his desk well while he was absent from his office. A police officer responding to a report that the office burglar alarm was sounding, found the office door open, and subsequently found the loaded gun, which he then secured, while inspecting the premises for a possible burglar. Respondent's determination that this manner of storing the loaded weapon was inadequate and improper was neither arbitrary, capricious nor an abuse of discretion (see Matter of Budde v Rubin, 89 A.D.2d 1016; Matter of Pelose v County Ct., 53 A.D.2d 645). We have examined the other contentions raised by petitioner and find them to be without merit. Thompson, J.P., Bracken, O'Connor and Weinstein, JJ., concur.


Summaries of

Matter of Goldberg v. Edelstein

Appellate Division of the Supreme Court of New York, Second Department
Apr 30, 1984
100 A.D.2d 968 (N.Y. App. Div. 1984)
Case details for

Matter of Goldberg v. Edelstein

Case Details

Full title:In the Matter of STUART E. GOLDBERG, Petitioner, v. HARRY EDELSTEIN, as…

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

Date published: Apr 30, 1984

Citations

100 A.D.2d 968 (N.Y. App. Div. 1984)

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