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MATTER OF SERVEDIO v. BRATTON

268 A.D.2d 356 (2000)

702 N.Y.S.2d 264

In the Matter of PETER J. SERVEDIO, Respondent, v. WILLIAM BRATTON, as Commissioner of New York City Police Department, Appellant.

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

Decided January 25, 2000.

In making a determination on a pistol license, the licensing authority has broad discretion (Matter of St.-Oharra v Colucci, 67 A.D.2d 1104). Here, we find that Supreme Court erred in determining that questions of fact remain on this record as to whether the denial of the pistol license was arbitrary and capricious and in therefore granting the petition to the extent of requiring a hearing.

Respondent denied petitioner's...

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