De Vito v. McGuire

OPINION OF THE COURT

Louis Grossman, J.

In this CPLR article 78 proceeding, petitioner seeks to compel respondent Police Commissioner to accept his application for a target pistol license. Respondent cross-moves for an order remanding this matter to the license division of the police department.

It is undisputed that petitioner’s application was refused because he is under 21 years of age. Respondent concedes that the controlling provisions of the Penal Law (§§ 265.00, 400.00) do not set forth a minimum age for handgun license applicants and that a judicial determination has been made…