MATTER OF DERRY v. FUFIDIO

2020-08927.

192 A.D.3d 1099 (2021)

141 N.Y.S.3d 352

2021 NY Slip Op 01973

In the Matter of Ewell A. Derry, Petitioner, v. George F. Fufidio, a Judge of the County Court, Westchester County, Respondent.

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

Decided March 31, 2021.


Attorney(s) appearing for the Case

The Bellantoni Law Firm, PLLC, Scarsdale, NY ( Amy L. Bellantoni of counsel), for petitioner.

Letitia James , Attorney General, New York, NY ( Melissa Ysaguirre and Elizabeth Figueira of counsel), for respondent.

Dillon, J.P., Hinds-Radix, Duffy and Iannacci, JJ., concur.


Adjudged that the determination is confirmed, the petition is denied, and the proceeding is dismissed on the merits, with costs.

The petitioner was issued a pistol license by Westchester County in 2018. The petitioner kept his handgun in a safe, which was located on a dresser in his bedroom. The key to the safe was also kept on the dresser. On May 5, 2019, the petitioner's son, then 11 years old, opened the safe, took out the gun, and made a video of himself with...

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