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MATTER OF UNGER v. ROZZI

206 A.D.2d 974 (1994)

615 N.Y.S.2d 147

In the Matter of Scott M. Unger, Appellant, v. Samuel J. Rozzi, as Commissioner of Police of the Nassau County Police Department, Respondent

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

July 15, 1994

Judgment unanimously affirmed without costs.

Memorandum:

Petitioner seeks to vacate the determination of respondent denying his application for a pistol permit. Supreme Court improperly considered a misdemeanor arrest occurring subsequent to respondent's determination as support for that determination. That court's review was limited to the record before respondent (see, Matter of Ogden v Du Mond, 273 App Div 582).

The court nevertheless...

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