Capuana v. Mahoney

—In a proceeding pursuant to CPLR article 78 to review a determination of the Sheriff of Suffolk County, dated September 7, 1994, which denied the petitioner’s application for a pistol license, the appeal is from an order of the Supreme Court, Suffolk County (Hall, J.), dated June 12, 1995, as resettled November 14, 1995, which, in effect annulled the determination dated September 7, 1994, and remitted the matter to the Suffolk County Sheriff’s Department for a new determination.

Ordered that on the court’s own motion, the appellants’ no*483tice of appeal is treated as an application for leave to…