MATTER OF POLLETTA v. McLOUGHLIN

2021-01725.

201 A.D.3d 723 (2022)

156 N.Y.S.3d 880

2022 NY Slip Op 00178

In the Matter of Steven P. Polletta, Petitioner, v. Edward T. McLoughlin, Respondent.

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

Decided January 12, 2022.


Attorney(s) appearing for the Case

Jonna Spilbor Law, Poughkeepsie, NY ( Dorothy B. Trochez of counsel), for petitioner.

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

Dillon, J.P., Christopher, Wooten and Dowling, JJ., concur.


Adjudged that the proceeding is dismissed, without costs or disbursements.

In August 2019, the petitioner applied for a license to carry a concealed firearm. On June 17, 2020, the respondent denied the petitioner's application. In March 2021, the petitioner commenced this proceeding pursuant to CPLR article 78, inter alia, to review the determination. In his answer, the respondent asserted, among other things, that the petitioner failed to properly serve the respondent...

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