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Papineau v. Martusewicz

Appellate Division of the Supreme Court of New York, Fourth Department
Dec 22, 2006
35 A.D.3d 1214 (N.Y. App. Div. 2006)

Opinion

No. OP 06-01815.

December 22, 2006.

Proceeding pursuant to CPLR article 78 (initiated in the Appellate Division of the Supreme Court in the Fourth Judicial Department pursuant to CPLR 506 [b] [1]) to annul a determination of respondent Jefferson County Court Judge Kim Martusewicz denying petitioner's application for a pistol permit.

VINCENT H. PAPINEAU, JR., PETITIONER PRO SE.

ELIOT SPITZER, ATTORNEY GENERAL, ALBANY (JENNIFER GRACE MILLER OF COUNSEL), FOR RESPONDENT JEFFERSON COUNTY COURT JUDGE KIM MARTUSEWICZ.

Before: Hurlbutt, J.P., Gorski, Smith and Pine, JJ.


It is hereby ordered that the determination be and the same hereby is unanimously confirmed without costs and the petition is dismissed.

Memorandum: Petitioner commenced this CPLR article 78 proceeding seeking to annul the determination of Kim Martusewicz, Jefferson County Court Judge (respondent), denying petitioner's application for a pistol permit. Contrary to the contention of petitioner, the determination is not arbitrary and capricious. A licensing officer has broad discretion in determining whether to grant or deny a permit under Penal Law § 400.00 (1) ( see Matter of Fromson v Nelson, 178 AD2d 479; Matter of Covell v Aison, 153 AD2d 1001, lv denied 74 NY2d 615). The failure of petitioner to report on his application two prior arrests provided a sufficient basis to deny the application ( see Matter of DiMonda v Bristol, 219 AD2d 830; Matter of Conciatori v Brown, 201 AD2d 323; Matter of Willis v Treder, 127 AD2d 667, lv denied 69 NY2d 611; Matter of Anderson v Mogavero, 116 AD2d 885). Contrary to the further contention of petitioner, he was not denied due process by respondent's denial of his request for a hearing to contest the determination. Petitioner did not dispute the factual basis for denial of his application but sought a hearing to explain the reasons for his failure to report the two prior arrests. Although petitioner's request for a hearing was denied by respondent, petitioner's two letters of explanation were considered by respondent, who adhered to his initial determination. We thus conclude that petitioner was provided with a sufficient opportunity to respond ( see DiMonda, 219 AD2d at 831).


Summaries of

Papineau v. Martusewicz

Appellate Division of the Supreme Court of New York, Fourth Department
Dec 22, 2006
35 A.D.3d 1214 (N.Y. App. Div. 2006)
Case details for

Papineau v. Martusewicz

Case Details

Full title:In the Matter of VINCENT H. PAPINEAU, JR., Petitioner, v. KIM MARTUSEWICZ…

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

Date published: Dec 22, 2006

Citations

35 A.D.3d 1214 (N.Y. App. Div. 2006)
2006 N.Y. Slip Op. 9810
825 N.Y.S.2d 630

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