MATTER OF HUBER v. KELLY


43 A.D.3d 755 (2007)

842 N.Y.S.2d 18

In the Matter of LAMONT HUBER, 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 September 25, 2007.


Petitioner sought to recover a collection of firearms removed by police from his mother's apartment after her death in the apartment from natural causes in March 2004. Eventually, petitioner moved by order to show cause pursuant to CPLR article 78 for an order directing respondent to grant him purchase authorizations for the 11 firearms held by the New York Police Department, or alternatively, directing respondent to release the...

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