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In re Application of Martinek v. Kerik

Appellate Division of the Supreme Court of New York, First Department
May 21, 2002
294 A.D.2d 221 (N.Y. App. Div. 2002)

Opinion

1123

May 21, 2002.

Order, Supreme Court, New York County (Marcy Friedman, J.), entered January 24, 2001, which denied petitioner's application to annul respondent Police Department's denial of petitioner's application for a carry pistol license, unanimously affirmed, without costs.

John S. Chambers, for petitioner-appellant.

Alan G. Krams, for respondent-respondent.

Before: Tom, J.P., Andrias, Rubin, Friedman, Marlow, JJ.


The denial of the application was not arbitrary and capricious. The fear felt by petitioner, a bank president, as a result of having to travel to and from high crime areas for the purpose of inspecting buildings and between bank branches for the purpose of transporting large sums of cash is too vague to constitute "proper cause" within the meaning of Penal Law § 400.00(2)(f), absent documentation substantiating the cash carried or a showing of particular threats, attacks or other extraordinary danger to personal safety (see,Matter of Williams v. Bratton, 238 A.D.2d 269; Matter of Kaplan v. Bratton, 249 A.D.2d 199, 201).

THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.


Summaries of

In re Application of Martinek v. Kerik

Appellate Division of the Supreme Court of New York, First Department
May 21, 2002
294 A.D.2d 221 (N.Y. App. Div. 2002)
Case details for

In re Application of Martinek v. Kerik

Case Details

Full title:IN RE APPLICATION OF KENNETH MARTINEK, PETITIONER-APPELLANT, FOR A…

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

Date published: May 21, 2002

Citations

294 A.D.2d 221 (N.Y. App. Div. 2002)
743 N.Y.S.2d 80

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