Appellate Division of the Supreme Court of New York, 2001

Ferrara v. Safir

Ferrara v. Safir
Appellate Division of the Supreme Court of New York · Decided April 24, 2001
282 A.D.2d 383; 723 N.Y.S.2d 655; 2001 N.Y. App. Div. LEXIS 4136
Ferrara v. Safir

Opinion of the Court

—Judgment, Supreme Court, New York County (Barbara Kapnick, J.), entered March 8, 2000, which denied petitioner’s application to annul respondent Police Commissioner’s determination denying petitioner a carry business handgun license, and dismissed the petition, unanimously affirmed, without costs.

The application was properly denied on the ground that petitioner failed to show that his position as the chief executive officer of a bodyguard business for movie stars places him in extraordinary personal danger, or other special need for self-protection distinguishable from that of the general community (38 RCNY 5-03 [b]; see, Matter of Kaplan v Bratton, 249 AD2d 199, 201). To the extent petitioner argues that his personal performance of bodyguard services places him in danger, respondent properly rejected the argument on the ground that petitioner lacks the license required by General Business Law § 70 (2) to perform such services. Concur — Rosenberger, J. P., Nardelli, Andrias and Saxe, JJ.

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