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IN THE MATTER OF OLIVERA v. KELLY

23 A.D.3d 216 (2005)

805 N.Y.S.2d 6

In the Matter of EFRAIN OLIVERA, Respondent, v. RAYMOND KELLY, as Statutorily Designated Handgun Licensing Officer and as New York City Police Commissioner, Appellant.

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

November 10, 2005.

Petitioner's conviction of driving while impaired constitutes a rational basis for the Commissioner's finding that he has failed to maintain the requisite good moral character for issuance of a handgun license. In view of such finding, respondent's determination is neither arbitrary and capricious nor an abuse of his broad discretion (see Matter of Papaioannou v Kelly, 14 A.D.3d 459

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