Westchester County Correction Officers Benevolent Ass'n v. Westchester County Department of Correction

*962OPINION OF THE COURT

Donald N. Silverman, J.

Motion by defendant pursuant to CPLR 3211 dismissing the complaint is denied and cross motion by plaintiff for summary judgment is granted.

The individual plaintiff, Michael Schwartz, is employed as a correction officer by defendant. He currently possesses a valid New York State pistol permit in accordance with Penal Law § 400.00 (6). As authorized by said permit, plaintiff owns and possesses a nine millimeter semiautomatic pistol. Plaintiff has been on leave from his job as a correction officer since April 1, 1993, pursuant to General Municipal Law §…