The new premises license, issued pursuant to 38 RCNY 5-23 (a), effective June 2001, permits the transport of firearms to authorized target ranges and hunting areas. Respondent neither exceeded his jurisdiction (CPLR 7803 [2]) nor violated state law (CPLR 7803 [3]) in promulgating these new licensing regulations and procedures. Petitioner failed to show that the State's enabling statute (Penal Law § 400.00) has preempted any and all local regulation in this field (
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DE ILLY v. KELLY
6 A.D.3d 217 (2004)
775 N.Y.S.2d 256
TIM DE ILLY, Appellant, v. RAYMOND KELLY, as Police Commissioner of the City of New York, Respondent.
Appellate Division of the Supreme Court of the State of New York, First Department.https://leagle.com/images/logo.png
April 8, 2004.
April 8, 2004.
Appellate Division of the Supreme Court of the State of New York, First Department.
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