From Casetext: Smarter Legal Research

In the Matter of Cerciello v. Kelly

Appellate Division of the Supreme Court of New York, First Department
Jun 17, 2004
8 A.D.3d 128 (N.Y. App. Div. 2004)

Opinion

3932.

Decided June 17, 2004.

Determination of the Director of respondent's License Division, dated May 8, 2002, which, after a hearing, revoked petitioner's "business license" to carry a pistol, unanimously confirmed, the petition denied and the proceeding (transferred to this Court by order of the Supreme Court, New York County [Shirley Werner Kornreich, J.], entered April 14, 2003) dismissed, without costs.

The Law Offices of John S. Chambers Associates, New York (John S. Chambers of counsel), for appellant.

Michael A. Cardozo, Corporation Counsel, New York (Marta Ross of counsel), for respondent.

Before: Buckley, P.J., Nardelli, Andrias, Williams, Gonzalez, JJ.


The revocation was supported by substantial evidence ( Matter of Trimis v. New York City Police Dept., 300 A.D.2d 162, lv denied 100 N.Y.2d 503) indicating lack of moral character and fitness to possess a firearm (Penal Law § 400.00; 38 RCNY 5-02), including petitioner's arrest on theft and fencing charges in New Jersey, resolution of those charges by restitution to the victim, failure to notify the License Division of the arrest for more than a year, and failure to promptly notify the License Division of a robbery at petitioner's business establishment (38 RCNY 5-22[c][1], 5-30[c],[d]).

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


Summaries of

In the Matter of Cerciello v. Kelly

Appellate Division of the Supreme Court of New York, First Department
Jun 17, 2004
8 A.D.3d 128 (N.Y. App. Div. 2004)
Case details for

In the Matter of Cerciello v. Kelly

Case Details

Full title:IN RE RALPH CERCIELLO, Petitioner-Appellant, v. RAYMOND KELLY, AS POLICE…

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

Date published: Jun 17, 2004

Citations

8 A.D.3d 128 (N.Y. App. Div. 2004)
779 N.Y.S.2d 46

Citing Cases

Zedek v. Kelly

Cohen v. Kelly, 30 A.D.3d 170. See Rucker v. NYC/NYPD LicenseDi., 78 A,D.3d 535; Papaioannou v. Kelly, 14…

Zedek v. Kelly

Violations of respondents' rules, as cited above, delineating licensees' specific obligations, thus provide a…