Florio v. Bradley
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
— Proceeding pursuant to CPLR article 78 (initiated in this Court pursuant to CPLR 506 [b] [1]) to, inter alia, review a determination of respondent which suspended petitioner’s license to carry a pistol.
Even assuming that respondent has the statutory authority to suspend petitioner’s pistol license, an indefinite suspension, like the one here, is in effect a revocation and, therefore, is improper without affording petitioner the opportunity to be heard (see, Matter of Robinson v Bergin, 88 AD2d 789; see also, Matter of Burke v Colabella, 113 AD2d 794, 795). Accordingly, petitioner should be…
2Cases cited2 opinions
- Burke v. ColabellaAppellate Division of the Supreme Court of the State of New York · 1985
- Robinson v. BerginAppellate Division of the Supreme Court of the State of New York · 1982