MATTER OF TOLLIVER v. KELLY


41 A.D.3d 156 (2007)

837 N.Y.S.2d 128

In the Matter of DANIEL TOLLIVER, Respondent, v. RAYMOND KELLY, as Statutorily Designated Handgun Licensing Officer, et al., Appellants.

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

Decided June 7, 2007.


Petitioner, a 42-year-old systems engineer employed by the U.S. Army at an Army post in northern New Jersey, was the holder of a pistol license and a rifle/shotgun permit. On December 18, 2003, petitioner was arrested and charged with resisting arrest, failing to comply with a police officer's order, and failing to wear his seatbelt. According to the arrest report, the arresting officer observed petitioner, at a checkpoint, not wearing his seatbelt, and asked petitioner to...

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