Matter of Ralph Cerciello v Raymond Kelly

Matter of Cerciello v Kelly 2004 NY Slip Op 05340 [8 AD3d 128] June 17, 2004 Appellate Division, First Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. As corrected through Wednesday, August 25, 2004

In the Matter of Ralph Cerciello, Appellant,
v
Raymond Kelly, as Police Commissioner of the City of New York, Respondent.

—[*1]

Determination of the Director of respondent's License Division, dated May 8, 2002, which, after a hearing, revoked petitioner's "business license" to carry a pistol, unanimously confirmed, the petition denied and the proceeding (transferred to this Court by order of the Supreme Court, New York County [Shirley Werner Kornreich, J.], entered April 14, 2003) dismissed, without costs.

The revocation was supported by substantial evidence (Matter of Trimis v New York City Police Dept., 300 AD2d 162 [2002], lv denied 100 NY2d 503 [2003]) indicating lack of moral character and fitness to possess a firearm (Penal Law § 400.00 [1]; 38 RCNY 5-02), including petitioner's arrest on theft and fencing charges in New Jersey, resolution of those charges by restitution to the victim, failure to notify the License Division of the arrest for more than a year, and failure to promptly notify the License Division of a robbery at petitioner's business establishment (38 RCNY 5-22 [c] [1]; 5-30 [c], [d]). Concur—Buckley, P.J., Nardelli, Andrias, Williams and Gonzalez, JJ.