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Matter of Hernandez v. Safir

Appellate Division of the Supreme Court of New York, First Department
Mar 1, 2001
281 A.D.2d 164 (N.Y. App. Div. 2001)

Opinion

March 1, 2001.

Judgment, Supreme Court, New York County (Emily Goodman, J.), entered December 29, 1999, which denied petitioner's application to annul respondent Police Department's determination denying petitioner a pistol license, and dismissed the petition, unanimously affirmed, without costs.

Before: Rosenberger, J. P., Andrias, Wallach, Rubin and Buckley, JJ., concur.


Respondent's rejection of petitioner's 1998 application for a license permitting him to carry a pistol, a condition of petitioner's continued employment as a security officer at a private housing development, was rationally based on good cause (Penal Law § 400.00 [g]), including two psychological evaluations of petitioner performed by respondent's psychologists in 1987 and 1993 in connection with petitioner's rejected job applications to become a police officer ( see, Matter of Gutierrez v. Safir, 280 A.D.2d 263). We reject petitioner's argument that respondent's reliance on such evaluations holds him to a higher standard than other pistol license applicants.


Summaries of

Matter of Hernandez v. Safir

Appellate Division of the Supreme Court of New York, First Department
Mar 1, 2001
281 A.D.2d 164 (N.Y. App. Div. 2001)
Case details for

Matter of Hernandez v. Safir

Case Details

Full title:IN THE MATTER OF ROBERT HERNANDEZ, APPELLANT, v. HOWARD SAFIR, AS POLICE…

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

Date published: Mar 1, 2001

Citations

281 A.D.2d 164 (N.Y. App. Div. 2001)
721 N.Y.S.2d 349

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