Upon being charged with the crime of assault in the third degree, petitioner's pistol permit was revoked. Petitioner did not challenge the revocation. When the charge was ultimately dismissed, petitioner applied to have his permit restored. Respondent denied this application on the basis of petitioner's criminal record. Petitioner then commenced this CPLR article 78 proceeding claiming that respondent's determination was arbitrary and capricious.
Pursuant to Penal...
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