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OSTERWEIL v. BARTLETT

No. 167.

21 N.Y.3d 580 (2013)

2013 NY Slip Op 6637

ALFRED G. OSTERWEIL, Appellant, v. GEORGE R. BARTLETT, III, Respondent.

Court of Appeals of New York.

Decided October 15, 2013.

Attorney(s) appearing for the Case

Greenbaum, Rowe, Smith & Davis LLP, Woodbridge, New Jersey ( Daniel L. Schmutter of counsel), and Bancroft PLLC ( Paul D. Clement , of the District of Columbia bar, admitted pro hac vice, and D. Zachary Hudson , of the District of Columbia bar, admitted pro hac vice, of counsel) for appellant.

Eric T. Schneiderman , Attorney General, New York City Claude S. Platton , Simon Heller , Barbara D. Underwood and Richard Dearing of counsel), for respondent.

Chief Judge LIPPMAN and Judges GRAFFEO, READ, SMITH, RIVERA and ABDUS-SALAAM concur.

OPINION OF THE COURT

PIGOTT, J.

The United States Court of Appeals for the Second Circuit, by certified question, asks us to decide whether an applicant who owns a part-time residence in New York but makes his permanent domicile elsewhere is eligible for a New York handgun license in the city or county where his part-time residence is located. We answer the certified question in the affirmative, on the basis...

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