MATTER OF LUGO v. SAFIR


272 A.D.2d 216 (2000)

708 N.Y.S.2d 618

In the Matter of RAFAEL LUGO, Petitioner, v. HOWARD SAFIR, as Police Commissioner of the City of New York, Respondent.

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

Decided May 23, 2000.


No basis exists to disturb the Hearing Officer's findings discrediting petitioner's testimony that he was on his way to the shooting range when he was allegedly assaulted from behind on the street and robbed of the briefcase that contained his pistol. Rejection of such testimony necessarily requires a finding that petitioner violated 38 RCNY 5-01 (b), which allows target licensees, such as petitioner, to transport their handguns only "to and from an authorized range." Substantial...

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