Legal Opinion

In re Miller

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

Decided December 31, 1998PublishedCited by 6 opinions

1Opinion of the Court

OPINION OF THE COURT

Balio, J.

Petitioner, a member of the Amish faith, applied for a pistol permit. The Allegany County Sheriff refused to process the application until petitioner submitted a photograph, as required by Penal Law § 400.00 (3). Petitioner commenced this proceeding seeking an order directing the Sheriff to exempt him from the statutory requirement that he submit a photograph as part of his application for a pistol permit on the ground that the photograph requirement violates his constitutional rights to the free exercise of his religious beliefs (see, US Const 1st Amend; NY…

2Cases cited9 opinions

  1. Sherbert v. VernerSupreme Court of the United States · 1963
  2. Employment Div., Dept. of Human Resources of Ore. v. SmithSupreme Court of the United States · 1990
  3. City of Boerne v. FloresSupreme Court of the United States · 1997
  4. Ware v. Valley Stream High School DistrictNew York Court of Appeals · 1989
  5. Jensen v. QuaringSupreme Court of the United States · 1985

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3Cited by6 opinions

  1. Bloomingburg Jewish Education Center v. Village of BloomingburgDistrict Court, S.D. New York · 2015
  2. Valov v. Department of Motor VehiclesCalifornia Court of Appeal · 2005
  3. Miller v. McDonaldCourt of Appeals for the Second Circuit · 2025
  4. Finnie v. Lee CountyDistrict Court, N.D. Mississippi · 2012
  5. Indig v. Village of PomonaDistrict Court, S.D. New York · 2019

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