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MATTER OF NARDIELLO v. NEW YORK CITY DEPARTMENT OF CORRECTION

259 A.D.2d 269 (1999)

687 N.Y.S.2d 16

In the Matter of GARY V. NARDIELLO, Appellant, v. NEW YORK CITY DEPARTMENT OF CORRECTION et al., Respondents.

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

Decided March 2, 1999.

In light of the evidence in the record indicating that petitioner was medically unfit to carry a firearm, it is plain that respondents' determination not to issue a positive endorsement for petitioner's New York City Pistol Permit application was neither arbitrary and capricious nor an abuse of discretion and, indeed, that it was entirely rational (see, Matter of Pell v Board of Educ., 34 N.Y.2d 222...

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