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BABERNITZ v. POLICE DEPT.

65 A.D.2d 320 (1978)

John Babernitz, Appellant, v. Police Department of the City of New York, Respondent

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

December 21, 1978

Attorney(s) appearing for the Case

Alan E. Wolin of counsel (Jack B. Solerwitz, attorney), for appellant.

Carolyn E. Demarest of counsel (L. Kevin Sheridan and Lillian S. Gewirtz with her on the brief), for respondent.

EVANS, MARKEWICH, YESAWICH and SULLIVAN, JJ., concur.

LUPIANO, J. P.

Petitioner-appellant, John Babernitz, is licensed to carry a pistol in Suffolk County where he is a security manager for three sporting goods stores. He endeavored to have his Suffolk County full carry pistol permit validated within the City of New York. Subdivision 6 of section 400.00 of the Penal Law provides, in pertinent part: "Any license issued pursuant to this section shall be valid...

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