Legal Opinion

In re Miller

New York County Courts

Decided March 28, 1997PublishedCited by 1 opinion

1Opinion of the Court

OPINION OF THE COURT

Peter R. Sprague, J.

issue

This application comes before the court pursuant to an order to show cause issued on February 3, 1997.

The question before the court is this:

May the County Court, as "[[licensing officer” for the County of Allegany (see, Penal Law § 265.00 [10]), in response to a *106request by an adult of the Amish faith, dispense with the statutory requirement of a photograph of such person on an application for a pistol permit (see, Penal Law § 400.00 [3])?

PROCEDURAL POSTURE

For the sake of expediency and brevity the court will not expressly reiterate the findings it…

2Cases cited16 opinions

  1. Everson v. Board of Ed. of EwingSupreme Court of the United States · 1947
  2. Murdock v. PennsylvaniaSupreme Court of the United States · 1943
  3. School District of Grand Rapids v. BallSupreme Court of the United States · 1985
  4. Hotel Dorset Co. v. Trust for Cultural ResourcesNew York Court of Appeals · 1978
  5. Gant v. Oklahoma CitySupreme Court of the United States · 1933

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3Cited by1 opinion

  1. In re MillerAppellate Division of the Supreme Court of the State of New York · 1998

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