MATTER OF MILLER


252 A.D.2d 156 (1998)

684 N.Y.S.2d 368

In the Matter of Daniel R. Miller, Respondent. James W. McMahon, as Superintendent of The New York State Police, Appellant

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

December 31, 1998


Attorney(s) appearing for the Case

Dennis C. Vacco, Attorney-General, Albany (Daniel Smirlock of counsel), for appellant.

Daniel R. Miller, Fillmore, respondent pro se.

GREEN, J. P., WISNER, PIGOTT, JR. and FALLON, JJ., concur.


BALIO, J.

Petitioner, a member of the Amish faith, applied for a pistol permit. The Allegany County Sheriff refused to process the application until petitioner submitted a photograph, as required by Penal Law § 400.00 (3). Petitioner commenced this proceeding seeking an order directing the Sheriff to exempt him from the statutory requirement that he submit a photograph as part of his application for a pistol...

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