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Matter of Hines v. Kelly

Appellate Division of the Supreme Court of New York, First Department
Dec 14, 1995
635 N.Y.S.2d 31 (N.Y. App. Div. 1995)

Opinion

December 14, 1995

Appeal from the Supreme Court, New York County (Salvador Collazo, J.).


Denial of petitioner's application for a target pistol license on the basis of his convictions for false pretense (Maryland), criminal possession of a forged instrument (New York), and conspiracy to defraud the United States by dealing in counterfeit securities (Federal) was not arbitrary and capricious, notwithstanding his Certificate of Relief from disabilities from the New York conviction, the Certificate of Good Conduct from the New York State Division of Parole, and the letter from the Department of Treasury restoring his Federal firearms privileges. While these documents, considered together, might remove the automatic bar to licensure occasioned by petitioner's prior convictions (Penal Law § 400.00 [b]), they did not prevent respondent from relying on the convictions in the exercise of his statutory discretion to deny a license for lack of "good moral character" or "good cause" (Penal Law § 400.00 [a], [d]; see, Correction Law § 701). We cannot say that there is no rational relationship between petitioner's criminal history and his fitness for the license he seeks ( see, Sewell v City of New York, 182 A.D.2d 469, 473; Matter of St.-Oharra v Colucci, 67 A.D.2d 1104).

Concur — Murphy, P.J., Rosenberger, Wallach, Asch and Tom, JJ.


Summaries of

Matter of Hines v. Kelly

Appellate Division of the Supreme Court of New York, First Department
Dec 14, 1995
635 N.Y.S.2d 31 (N.Y. App. Div. 1995)
Case details for

Matter of Hines v. Kelly

Case Details

Full title:In the Matter of FINNIE D. HINES, Appellant, v. RAYMOND KELLY, as Police…

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

Date published: Dec 14, 1995

Citations

635 N.Y.S.2d 31 (N.Y. App. Div. 1995)
635 N.Y.S.2d 31

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