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MATTER OF IMBERMAN v. KELLY

37 A.D.3d 186 (2007)

829 N.Y.S.2d 81

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

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

Decided February 6, 2007.

In view of the uncontested evidence that petitioner did not surrender all firearms to his local precinct as directed by the License Division pending investigation of his character and fitness undertaken after his arrest, it cannot be said that respondent's determination was arbitrary and capricious or an abuse of discretion (see Matter of Acosta v Kelly, 7 A.D.3d 392 [2004], lv denied 3 N.Y.3d 606

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