Boyark v. Czajka

Proceeding pursuant to CPLR article 78 (initiated in this Court pursuant to CPLR 506 [b] [1]) to review a determination of respondent which denied petitioner’s application for a pistol permit.

As a pistol licensing officer, respondent is vested with broad discretion in ruling on permit applications and may deny such applications for good cause (see, Matter of Anderson v Mogavero, 116 AD2d 885; Matter of King v Ingraham, 113 AD2d 977). Based upon our review of the record as a whole, in particular the testimony adduced at the hearing conducted in this matter, we cannot say that respondent abused his discretion in denying petitioner’s application for a pistol permit. In our view, the stated basis for respondent’s determination — namely, petitioner’s prior criminal record and his conduct during a hunting accident, was sufficient to establish good cause for denial of petitioner’s application. Petitioner’s remaining contentions, *773including his assertion that respondent failed to “specifically and concisely” set forth the basis for his denial (see, Penal Law § 400.00 [4-a]; compare, Matter of Novick v Hillery, 183 AD2d 1007; Matter of Davis v Clyne, 56 AD2d 692), have been examined and found to be lacking in merit.

Adjudged that the determination is confirmed, without costs, and petition dismissed.