O'Brien v. Keegan

Peters, J. (dissenting).

I respectfully dissent.

Mindful that licenses issued in Nassau and Suffolk Counties and in the City of New York are subject to review upon renewal (Penal Law § 400.00 [10]) and that such periodic review is not statutorily provided for in "upstate” counties (see, Bitondo v State of New York, 151 Misc 2d 182, mod 182 AD2d 948), it is clear that the process of amendment of a license is the method by which "upstate” licensing officers can ensure that the licensee remains eligible for the license issued.

Penal Law § 400.00 (1), which concerns eligibility for issuance or…