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MATTER OF MARTINEK v. KERIK

294 A.D.2d 221 (2002)

743 N.Y.S.2d 80

In the Matter of KENNETH MARTINEK, Appellant, v. BERNARD KERIK, 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 21, 2002.

The denial of the application was not arbitrary and capricious. The fear felt by petitioner, a bank president, as a result of having to travel to and from high crime areas for the purpose of inspecting buildings and between bank branches for the purpose of transporting large sums of cash is too vague to constitute "proper cause" within the meaning of Penal Law § 400.00 (2) (f), absent documentation substantiating the cash...

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