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MATTER OF BLY v. BOLLER

326 OP 20-00844.

196 A.D.3d 1052 (2021)

147 N.Y.S.3d 486

2021 NY Slip Op 04298

In the Matter of David M. Bly, Petitioner, v. M. William Boller, Acting Supreme Court Justice, Respondent.

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

Decided July 9, 2021.

Attorney(s) appearing for the Case

DIPASQUALE & CARNEY, LLP, BUFFALO ( JASON R. DIPASQUALE OF COUNSEL), FOR Petitioner.

LETITIA JAMES , ATTORNEY GENERAL, ALBANY ( OWEN DEMUTH OF COUNSEL), FOR Respondent.

Present—Centra, J.P., Peradotto, Curran, Winslow and DeJoseph, JJ.

It is hereby ordered that the determination is unanimously confirmed without costs and the petition is dismissed.

Memorandum: Petitioner commenced this original CPLR article 78 proceeding pursuant to CPLR 506(b)(1) seeking to annul the determination of respondent denying petitioner's application for a firearms license. Contrary to petitioner's contention, the determination is not arbitrary and capricious. "A licensing...

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