Opinion
782 OP 18–02035
10-04-2019
In the Matter of Andis R. ZELTINS, Petitioner, v. Hon. Jason L. COOK, Respondent.
LAW OFFICE OF BRIAN T. STAPLETON, ESQ., WHITE PLAINS (BRIAN T. STAPLETON OF COUNSEL), FOR PETITIONER. LETITIA JAMES, ATTORNEY GENERAL, ALBANY (WILLIAM E. STORRS OF COUNSEL), FOR RESPONDENT.
LAW OFFICE OF BRIAN T. STAPLETON, ESQ., WHITE PLAINS (BRIAN T. STAPLETON OF COUNSEL), FOR PETITIONER.
LETITIA JAMES, ATTORNEY GENERAL, ALBANY (WILLIAM E. STORRS OF COUNSEL), FOR RESPONDENT.
PRESENT: WHALEN, P.J., CENTRA, PERADOTTO, LINDLEY, AND DEJOSEPH, JJ.
MEMORANDUM AND ORDER It is hereby ORDERED that the determination is unanimously confirmed without costs and the petition is dismissed. Memorandum: Petitioner commenced this CPLR article 78 proceeding seeking to annul the determination denying his pistol permit application. We reject petitioner's contention that the determination is arbitrary and capricious. "The State has a substantial and legitimate interest and[,] indeed, a grave responsibility, in insuring the safety of the general public from individuals who, by their conduct, have shown themselves to be lacking the essential temperament or character which should be present in one entrusted with a dangerous instrument" ( Matter of Galletta v. Crandall , 107 A.D.3d 1632, 1632, 967 N.Y.S.2d 845 [4th Dept. 2013] [internal quotation marks omitted] ). A licensing officer, such as respondent, "has broad discretion to grant or deny a permit under Penal Law § 400.00(1)" ( Matter of Parker v. Randall , 120 A.D.3d 946, 947, 990 N.Y.S.2d 402 [4th Dept. 2014] ) " ‘and may do so for any good cause’ " ( Galletta , 107 A.D.3d at 1632, 967 N.Y.S.2d 845 ).
Although there were several factors that militated in favor of granting petitioner's application, we cannot conclude that respondent abused his discretion in denying the application after considering petitioner's criminal history (see id. at 1633, 967 N.Y.S.2d 845 ; see also Matter of Jackson v. Anderson , 149 A.D.3d 933, 934, 52 N.Y.S.3d 448 [2d Dept. 2017] ; Matter of Kelly v. Klein , 96 A.D.3d 846, 847, 946 N.Y.S.2d 218 [2d Dept. 2012] ) and a recent incident where petitioner's girlfriend had sought police intervention while in the midst of an argument with petitioner (see Matter of Nash v. Nassau County , 150 A.D.3d 1120, 1121, 52 N.Y.S.3d 670 [2d Dept. 2017] ).