Matter of Rombom v Kelly

Matter of Rombom v Kelly 2010 NY Slip Op 04059 [73 AD3d 508] May 11, 2010 Appellate Division, First Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. As corrected through Wednesday, June 30, 2010

In the Matter of Steven P. Rombom, Petitioner,
v
Raymond W. Kelly, as Police Commissioner of the City of New York, Respondent.

—[*1] Robert R. Race, Brooklyn, for petitioner.

Michael A. Cardozo, Corporation Counsel, New York (Mordecai Newman of counsel), for respondent.

Determination of respondent Police Department License Division, dated August 6, 2008, revoking petitioner's premises-residence handgun license and rifle/shotgun permit, unanimously confirmed, the petition denied, and the proceeding brought pursuant to CPLR article 78 (transferred to this Court by order of the Supreme Court, New York County [Marcy S. Friedman, J.], entered May 5, 2009) dismissed, without costs.

The determination is supported by substantial evidence that petitioner lacks the good moral character to possess the subject license (see 38 RCNY 5-02 [a]) and permit (see Administrative Code of City of NY § 10-303 [a] [2]). Such evidence consists of the record in a prior, 2005 proceeding that resulted in the revocation of petitioner's business-carry pistol license on a finding that he conspired with another individual to deceive the License Division over a period of years about his business address (see Matter of Fastag v Kerik, 295 AD2d 114 [2002]). There was also substantial evidence that petitioner did not reside or have a principal place of business in New York City, as required to possess a premises-residence handgun license (38 RCNY 5-02 [g]; see Matter of Mahoney v Lewis, 199 AD2d 734, 735 [3d Dept 1993]). Such evidence consists of petitioner's failure to produce any gas, electricity or telephone bills for his alleged Brooklyn residence, his use of a Brooklyn P.O. box as the address on his tax returns and on his recently acquired New York State nondriver's ID, and his maintenance of a Texas [*2]driver's license since 1984. No basis exists to disturb the Hearing Officer's findings of credibility (see Sewell v City of New York, 182 AD2d 469, 473 [1992], lv denied 80 NY2d 756 [1992]). Concur—Tom, J.P., Sweeny, Moskowitz, DeGrasse and Manzanet-Daniels, JJ.