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MATTER OF GIRANDOLA v. SHEA

Index No. 161856/19. Appeal No. 13618. Case No. 2020-02998.

193 A.D.3d 543 (2021)

142 N.Y.S.3d 354

2021 NY Slip Op 02359

In the Matter of John Girandola, Appellant, v. Dermot F. Shea et al., Respondents.

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

Decided April 20, 2021.

Attorney(s) appearing for the Case

Tilem & Associates, PC, White Plains ( Robert M. Schechter of counsel), for appellant.

James E. Johnson , Corporation Counsel, New York ( Claibourne Henry of counsel), for respondents.

Concur—Webber, J.P., Kern, Oing, González, JJ.

The court properly determined that the denial of petitioner's application was not arbitrary and capricious. Respondents rationally concluded that petitioner's renewal application did not establish "proper cause" within the meaning of Penal Law § 400.00(2)(f) (see 38 RCNY 5-03; Matter of Martinek v Kerik, 294 A.D.2d 221, 221-222 [1st Dept 2002], lv denied 98 N.Y.2d 613 [2002]; Matter of Kaplan v Bratton,...

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