Rose, J.
Petitioner was denied a pistol permit on the ground that the revocation of his prior pistol permit posed an automatic bar to reissuance pursuant to Penal Law § 400.00 (1) (e). Petitioner then commenced this CPLR article 78 proceeding, initiated in this Court (see CPLR 506 [b] [1]), seeking a declaration that Penal Law § 400.00 (1) (e) is unconstitutional.
Initially, because petitioner seeks a declaration that the statute
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