MATTER OF RATOWSKI v. VAN BENSCHOTEN


57 A.D.2d 1025 (1977)

In the Matter of Theodore Ratowski, Petitioner, v. Robert A. Van Benschoten, as Director of Law Enforcement of The Department of Environmental Conservation of the State of New York, et al., Respondents

Appellate Division of the Supreme Court of the State of New York, Third Department.

May 26, 1977


On October 25, 1975, while hunting, petitioner shot one Maurice W. Dumas, another hunter, in the shoulder. ECL 11-0719 (subd 2, par c) provides that the hunting license of a hunter who shoots another person shall be revoked, unless the hunter establishes facts showing that there was no negligence on his part. Following an administrative hearing, the hearing officer found that the victim was negligent in removing his red hat and jacket and was clad in a black...

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