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MATTER OF CAMPBELL v. KELLY

5268, 117015/09.

85 A.D.3d 446 (2011)

924 N.Y.S.2d 269

2011 NY Slip Op 4743

In the Matter of CLINTON CAMPBELL, Appellant, v. RAYMOND KELLY, as Police Commissioner of the City of New York, Respondent.

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

Decided June 7, 2011.

Possession of a handgun license is a privilege, not a right, and as such, it is subject to the broad discretion of the Police Commissioner (see Matter of Tolliver v Kelly, 41 A.D.3d 156, 158 [2007], lv denied 9 N.Y.3d 809 [2007]). Here, respondent's determination was rationally based as it was premised upon petitioner's failure to disclose seven out of eight arrests. Respondent examined the circumstances surrounding those...

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