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IN THE MATTER OF DISANTO v. KELLY

22 A.D.3d 357 (2005)

802 N.Y.S.2d 440

In the Matter of SALVATORE DISANTO, Appellant, v. RAYMOND KELLY, as Commissioner of the New York City Police Department, Respondent.

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

October 20, 2005.

The technical violation of the notification procedure at issue here, which we might find to be a valid basis to deny a carry permit under other circumstances, resulted in an utterly arbitrary and capricious determination, given the following factors clear in this record: (1) petitioner's unblemished 15 years as a licensed carry permit holder; (2) the exceptionally minor nature of the procedural violation under the specific facts...

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