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Matter of Romanoff v. Lange

Appellate Division of the Supreme Court of New York, Second Department
Mar 19, 2001
281 A.D.2d 551 (N.Y. App. Div. 2001)

Opinion

Submitted February 22, 2001.

March 19, 2001.

Proceeding pursuant to CPLR article 78 to review a determination of the respondent Kenneth J. Lange, Judge of the County Court, Westchester County, dated July 6, 2000, which revoked the petitioner's pistol licenses. Motion by the respondent Charlene Indelicato, County Attorney for the County of Westchester, to dismiss the proceeding against her.

Andrew C. Quinn, White Plains, N.Y., for petitioner.

Eliot Spitzer, Attorney-General, New York, N.Y. (Carolyn Cairns Olson of counsel), for respondent Kenneth J. Lange.

Charlene Indelicato, County Attorney, White Plains, N.Y. (Thomas G. Gardiner of counsel), respondent pro se.

Before: MYRIAM J. ALTMAN, J.P., LEO F. McGINITY, DANIEL F. LUCIANO, HOWARD MILLER, JJ.


DECISION, ORDER JUDGMENT

ORDERED that the motion is granted; and it is further,

ADJUDGED that the determination is confirmed, and the proceeding is dismissed on the merits, without costs or disbursements.

The determination to revoke the petitioner's pistol licenses is supported by substantial evidence, and was neither arbitrary or capricious, nor an abuse of discretion (see, Matter of Pell v. Board of Educ., 34 N.Y.2d 222). The petitioner did not honestly answer the question on the application for renewal of his pistol licenses regarding whether he had been arrested since the time the original licenses were issued. Moreover, after affording the petitioner an opportunity to be heard regarding the County Attorney's revocation application, the respondent Judge Lange found the petitioner's explanation for his dishonesty to be incredible.

The County Attorney is not a proper party to this proceeding (see, Penal Law §§ 265.00, 400.00, [3], [10]).

The petitioner's remaining contentions are without merit.


Summaries of

Matter of Romanoff v. Lange

Appellate Division of the Supreme Court of New York, Second Department
Mar 19, 2001
281 A.D.2d 551 (N.Y. App. Div. 2001)
Case details for

Matter of Romanoff v. Lange

Case Details

Full title:IN THE MATTER OF RICHARD ROMANOFF, PETITIONER, v. KENNETH J. LANGE, ETC.…

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

Date published: Mar 19, 2001

Citations

281 A.D.2d 551 (N.Y. App. Div. 2001)
721 N.Y.S.2d 821

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