MATTER OF BALDEA v. CITY OF NEW YORK LICENSE DIV. OF THE NYPD

Index No. 101128/19. Appeal No. 13933N. Case No. 2020-01177.

194 A.D.3d 634 (2021)

144 N.Y.S.3d 567

2021 NY Slip Op 03366

In the Matter of Jimmy Baldea, American Resources & Strategies Inc., Appellant, v. City of New York License Division of the NYPD, Respondent.

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

Decided May 27, 2021.


Attorney(s) appearing for the Case

Jimmy Baldea, appellant pro se.

James E. Johnson , Corporation Counsel, New York ( Tahirih M. Sadrieh of counsel), for respondent.

Concur—Kapnick, J.P., Mazzarelli, Moulton, Mendez, JJ.


The court properly determined that the denial of petitioner's renewal application was not arbitrary and capricious. Respondent rationally concluded that petitioner's application did not establish "proper cause" within the meaning of Penal Law § 400.00 (2), in the absence of documentation substantiating threats to petitioner personally (see 38 RCNY 5-03; Matter of Martinek v Kerik, 294 A.D.2d 221, 221-222 [1st Dept 2002...

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