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MATTER OF FATA v. SHEA

Index No. 155882/20. Appeal No. 15898. Case No. 2021-02308.

205 A.D.3d 475 (2022)

165 N.Y.S.3d 839

2022 NY Slip Op 03070

In the Matter of Roberto Fata, Appellant, v. Dermot F. Shea, as the Statutorily Designated Firearms Licensing Officer, Respondent.

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

Decided May 10, 2022.

Attorney(s) appearing for the Case

The Law Offices of John D. Randazzo, White Plains (William Thomas of counsel), for appellant.

Sylvia O. Hinds-Radix, Corporation counsel, New York (Jonathan A. Popolow of counsel), for respondent.

Concur—Webber, J.P., Singh, Moulton, Kennedy, Rodriguez, JJ.

Issuance of a handgun license is subject to respondent Police Commissioner's broad discretion, review of which is limited to deciding whether respondent's actions were arbitrary and capricious (see Matter of Kaplan v Bratton, 249 A.D.2d 199, 201 [1st Dept 1998]). The court properly determined that respondent's denial of petitioner's renewal application was not arbitrary. Respondent rationally concluded that petitioner's documentation...

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