Opinion
April 28, 1995
Present — Green, J.P., Lawton, Fallon, Callahan and Boehm, JJ.
Determination unanimously confirmed without costs and petition dismissed. Memorandum: "A licensing officer has broad discretion in determining whether to grant, deny or revoke a pistol license (Matter of Fromson v Nelson, 178 A.D.2d 479; Matter of Anderson v Mogavero, 116 A.D.2d 885) * * * The licensing officer's determination will not be disturbed unless it is arbitrary and capricious (Matter of King v Ingraham, 113 A.D.2d 977; Matter of Davis v Clyne [ 58 A.D.2d 947])" (Matter of Eddy v Kirk, 195 A.D.2d 1009, 1010-1011, affd 83 N.Y.2d 919). Respondent's determination revoking petitioner's pistol license did not constitute an abuse of discretion and was neither arbitrary nor capricious.