Matter of Morstadt v Kelly

Matter of Morstadt v Kelly 2007 NY Slip Op 08858 [45 AD3d 389] November 15, 2007 Appellate Division, First Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. As corrected through Wednesday, January 16, 2008

In the Matter of John Morstadt, Petitioner,
v
Raymond Kelly, as Police Commissioner of the City of New York, Respondent.

—[*1] Allan M. Morofsky, Brooklyn, for petitioner.

Michael A. Cardozo, Corporation Counsel, New York City (Cheryl Payer of counsel), for respondent.

Determination of respondent's License Division, dated March 3, 2005, which, after a hearing, upheld the revocation of petitioner's pistol license, unanimously confirmed, the petition denied and this proceeding (transferred to this Court by order of Supreme Court, New York County [Michael D. Stallman, J.], entered September 22, 2005), dismissed, without costs.

There was substantial evidence adduced at the administrative hearing that petitioner failed to notify the License Division immediately of his arrest (in violation of 38 RCNY 5-22 [c] [1] and 5-30 [c] [1]) on charges of menacing in the third degree, and of an order of protection issued against him (in violation of 38 RCNY 5-30 [c] [5]). He also failed to submit a notarized statement as requested by the License Division (in violation of 38 RCNY 5-22 [a] [17]), and was illegally in possession of 10 rifles and a pellet rifle without a rifle/shotgun permit (in violation of New York City Administrative Code §§ 10-303 and 10-131 [b] [1]). In view of such evidence, the license revocation may not be judicially disturbed (Matter of Cohen v Kelly, 30 AD3d 170 [2006]; Ricatto v Kelly, 303 AD2d 240 [2003]).

We have considered the balance of petitioner's argument and find it unavailing. Concur—Friedman, J.P., Sullivan, Buckley and Malone, JJ.