Legal Opinion

Austin v. Safir

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

Decided November 15, 2001Published

1Opinion of the Court

—Judgment, Supreme Court, New York County (Barbara Kapnick, J.), entered February 2, 2000, which denied and dismissed the petition brought pursuant to CPLR article 78 to annul respondent’s disapproval of petitioner’s pistol license application, unanimously affirmed, without costs.

Respondent’s determination disapproving petitioner’s application for a pistol license was properly left undisturbed by the article 78 court. Given petitioner’s history of cerebral vascular episodes and his present physical limitations which might impair his ability to use a firearm safely, the challenged pistol…

2Cases cited2 opinions

  1. Harris v. CoddAppellate Division of the Supreme Court of the State of New York · 1977
  2. Iacono v. Police DepartmentAppellate Division of the Supreme Court of the State of New York · 1994

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