Legal Opinion

Porter v. Kelly

Appellate Division of the Supreme Court of the State of New York

Decided May 1, 2000PublishedCited by 4 opinions

1Opinion of the Court

—Proceeding pursuant to CPLR article 78 to review a determination of the respondent dated August 30, 1999, which revoked, without a hearing, the petitioners’ pistol licenses.

Adjudged that the determination is confirmed and the petition is dismissed on the merits, without costs or disbursements.

The respondent’s determination to revoke the petitioners’ pistol licenses is supported by substantial evidence, and was neither arbitrary and capricious nor an abuse of discretion (see, Matter of Pell v Board of Educ., 34 NY2d 222). The petitioners owned a loaded weapon which was left on the floor of…

2Cases cited2 opinions

  1. Gordon v. LaCavaAppellate Division of the Supreme Court of the State of New York · 1994
  2. Zalmanov v. BrattonAppellate Division of the Supreme Court of the State of New York · 1997

3Cited by4 opinions

  1. Moreno v. CacaceAppellate Division of the Supreme Court of the State of New York · 2009
  2. Maye v. DwyerAppellate Division of the Supreme Court of the State of New York · 2002
  3. Graefe v. County of WestchesterAppellate Division of the Supreme Court of the State of New York · 2011
  4. Glantz v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2000

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