Unger v. Rozzi

Judgment unanimously affirmed without costs. Memorandum: Petitioner seeks to vacate the determination of respondent denying his application for a pistol permit. Supreme Court improperly considered a misdemeanor arrest occurring subsequent to respondent’s determination as support for that determination. That court’s review was limited to the record before respondent (see, Matter of Ogden v Du Mond, 273 App Div 582).

The court nevertheless properly concluded that respondent’s determination was not arbitrary and capricious. Petitioner’s prior felony conviction constituted sufficient ground for…